Allowed

Ms Balwinder Singh Saini through Its Sole Proprietor v. Northern Railways through Senior Dme Chg

Delhi HC5 Dec 2024O.M.P.(MISC.)(COMM.)/948/2024

Case brief

AI extract

What is this about?

The Delhi High Court extended the mandate of the sole arbitrator for six months under Section 29A(4) and 29A(5) of the Arbitration and Conciliation Act, 1996, relying on the Supreme Court's decision in Rohan Builders, allowing the tribunal time to pronounce the award.

What did the court decide?

Extension of the arbitrator's mandate from 02.12.2024 to 02.06.2025.

Ms Balwinder Singh Saini through Its Sole Proprietor Vs… — Specific Performance | Delhi HC (2024)

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$~61

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- O.M.P.(MISC.)(COMM.) 948/2024

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MS BALWINDER SINGH SAINI THROUGH ITS SOLE PROPRIETOR .....Petitioner Through: Ms. Aashna Mehra and Mr. Utsav Saxena, Advocates

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versus

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NORTHERN RAILWAYS THROUGH SENIOR DME CHG

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.....Respondent Through: Mr. Sushil Kumar Pandey SPC, Ms. Richa Pandey Advocate

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CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

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O R D E R

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% 05.12.2024

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I.A. 47227/2024 (Exemption)

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Allowed, subject to all just exceptions.

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O.M.P.(MISC.)(COMM.) 948/2024

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This Petition under Section 29A(4) and 29A(5) of the Arbitration and Conciliation Act, 1996, read with Section 7 of the Commercial Courts Act, 2015, has been filed by the Petitioner for extending the mandate of the sole arbitrator in the Arbitration proceedings which are going on between the parties.

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Material on record indicates that Mr. J. P. Sengh, Sr. Advocate, was appointed as the Arbitrator by this Court vide Order dated 02.12.2022, to adjudicate upon the disputes between the parties.

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It is stated that the mandate of the Arbitrator has expired on

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This is a digitally signed order. 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 07/12/2024 at 11:45:03

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02.12.2024. The present Petition has been filed seeking extension of mandate of the Arbitrator.

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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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Accordingly, this Court is inclined to extend the mandate of the Arbitral Tribunal for a further period of six months with effect from 02.12.2024, i.e. till 02.06.2025 so that the award can be pronounced and no further extension of time would be required by the Tribunal.

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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 05, 2024 Rahul

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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 07/12/2024 at 11:45:03

Ms Balwinder Singh Saini through Its Sole Proprietor v. Northern Railways through Senior Dme Chg

Case brief

What is this about?

What did the court decide?

Ms Balwinder Singh Saini through Its Sole Proprietor v. Northern Railways through Senior Dme Chg

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

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