Disposed¶25

Energy Efficiency Services Limited v. National Small Industries Corporation Limited & Ors.

Delhi HC8 May 2025O.M.P.(MISC.)(COMM.)/374/2025

Case brief

AI extract

What is this about?

Section 29A extension of arbitral mandate; consent-based extension; mandate expiring while order reserved; regularisation of lapsed period; O.M.P.(MISC.)(COMM.) Delhi High Court; Energy Efficiency Services Limited v. National Small Industries Corporation Limited; LED streetlight contract Andhra Pradesh Cluster-2 Vizianagaram; Arbitration and Conciliation Act 1996; performance bank guarantee invocation; W.P. No. 31012/2018 High Court of Telangana.

What did the court decide?

Mandate of the Arbitral Tribunal extended by 03 months from 08.05.2025 to enable passing and publication of the award; period between 09.04.2025 and 07.05.2025 regularised; extension granted with consent of parties and no objection from the Respondents. ¶25

Energy Efficiency Services Limited Vs National Small Industries… — Arbitration | Delhi HC (2025)

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$~48

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- O.M.P.(MISC.)(COMM.) 374/2025

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ENERGY EFFICIENCY SERVICES LIMITED .....Petitioner Through: Mr. Samdarshi Sanjay and Mr. Ashish Kumar Sharma, Advocates.

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versus

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NATIONAL SMALL INDUSTRIES CORPORATION LIMITED & ORS. .....Respondents Through: Mr. Abhijeet Sinha, Mr. D.V. Padmaja, Mr. Sarthak Gaurav and Ms. Rimmi Bhardwaj, Advocates.

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CORAM:

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HON'BLE MS. JUSTICE JYOTI SINGH

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O R D E R

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% 08.05.2025

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I.A. 11648/2025

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Allowed, subject to all just exceptions.

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Application stands disposed of.

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O.M.P.(MISC.)(COMM.) 374/2025

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This petition is preferred on behalf of the Petitioner under Section 29A (4) and (5) of Arbitration and Conciliation Act, 1996 (‘1996 Act’) seeking extension of mandate of the learned Arbitral Tribunal.

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Disputes having arisen between the parties in relation to Contract dated 22.04.2015 executed between Petitioner and Respondent No.1 for “Design, Manufacture, Supply, Testing, Installation (Retrofit), Commissioning, CCMS and 7 years warranty of LED Streetlights and other related works under 13 Urban Local Bodies of Andhra Pradesh (Cluster-2 – Vizianagaram)”, Respondent No. 1 filed W.P. No. 31012/2018 before the High Court of Telangana assailing invocation of Performance Bank Guarantee and on 14.09.2021, in light of the arbitration clause for resolution

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O.M.P.(MISC.)(COMM.) 374/2025 Page 1 of 2

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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 01/07/2025 at 16:31:55

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of disputes, the Court directed reference of disputes to arbitration and arbitral proceedings commenced.

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It is stated in the petition that final arguments of the parties stand concluded and on 20.02.2025, the order was reserved but could not be pronounced until 08.04.2025 and as the mandate of the Arbitral Tribunal expired on the said date, further extension is required for a period of 03 months.

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Issue notice.

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Mr. Abhijeet Sinha, learned counsel accepts notice on behalf of the Respondents and submits that he has no objection to the mandate of the Arbitral Tribunal being extended.

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Accordingly, with the consent of the parties, mandate of the learned Arbitral Tribunal is extended by a period of 03 months from 08.05.2025 to enable the Arbitral Tribunal to pass and publish the award and period between 09.04.2025 to 07.05.2025 is regularised.

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Petition is disposed of in the aforesaid terms.

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JYOTI SINGH, J

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MAY 08, 2025/shivam

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2 of 2

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O.M.P.(MISC.)(COMM.) 374/2025 Page

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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 01/07/2025 at 16:31:55

Energy Efficiency Services Limited v. National Small Industries Corporation Limited & Ors.

Case brief

What is this about?

What did the court decide?

Energy Efficiency Services Limited v. National Small Industries Corporation Limited & Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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