Partly allowed

Spml Infra Limited v. Delhi Jal Board

Delhi HC17 Dec 2024O.M.P.(MISC.)(COMM.)/940/2024

Case brief

AI extract

What is this about?

The Delhi High Court extended the mandate of the Sole Arbitrator in a dispute between SPML Infra Limited and Delhi Jal Board for one month from 17.12.2024 to enable the pronouncement of the award, relying on the Supreme Court's observation in Rohan Builders that extensions are maintainable post-expiry.

What did the court decide?

Extension of the Sole Arbitrator's mandate for one month from 17.12.2024.

Spml Infra Limited Vs Delhi Jal Board — Arbitration | Delhi HC (2024)

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$~88

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- O.M.P.(MISC.)(COMM.) 940/2024

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SPML INFRA LIMITED .....Petitioner

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Through: Mr. Abhishek Gaurav Verma, Advocate.

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versus

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DELHI JAL BOARD .....Respondent Through: Mr. Karunesh Tandon, Mr. Rahul Chauhan & Mr. Abhishek Singh, Advocates.

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CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

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O R D E R

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% 17.12.2024

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This Petition under Section 29A(5) of the Arbitration and Conciliation Act, 1996 has been filed by the Petitioner for extending the mandate of the Sole Arbitrator.

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Material on record indicates that a Sole Arbitrator was appointed by this Court on 22.12.2020 in a petition being ARB. P. 677/2020 filed by the Petitioner to adjudicate upon the disputes which arose between the parties under a Notice Inviting Tender dated 21.04.2006 issued by the Respondent. Material on record indicates that vide Order dated 01.08.2024, the mandate of the Arbitrator was extended by this Court till 30.11.2024. The mandate of the Arbitrator has expired on 30.11.2024.

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It is stated by the learned Counsel for the Petitioner that the arguments have been heard and the award has to be pronounced tomorrow i.e.,

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/12/2024 at 12:51:39

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18.12.2024.

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The Apex Court in Rohan Builders (India) Private Limited v. Berger Paints India Limited, 2024 SCC OnLine SC 2494, has held that an application for extension of the time period for passing an arbitral award under Section 29A(4) read with Section 29A(5) is maintainable even after the expiry of the twelve-month or the extended six-month period, as the case may be.

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In view of the facts of the present case, this Court is inclined to extend the mandate of the Sole Arbitrator for a period of one month from today i.e., 17.12.2024, so that the award can be pronounced.

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The Petition is disposed of, along with the pending applications, if any.

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SUBRAMONIUM PRASAD, J

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DECEMBER 17, 2024 S. Zakir

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/12/2024 at 12:51:39

Spml Infra Limited v. Delhi Jal Board

Case brief

What is this about?

What did the court decide?

Spml Infra Limited v. Delhi Jal Board

Case brief

What is this about?

What did the court decide?

What the court decided

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