Mcnally Bharat Engineering Company Limited v. NTPC Limited

Delhi HC20 Jan 2025O.M.P.(MISC.)(COMM.)/61/2025

Case brief

AI extract

What is this about?

Extension of arbitral tribunal term under Section 29A(4) Arbitration and Conciliation Act 1996; six-month extension w.e.f. 25.12.2024 after expiry of mutually consented S.29A(3) extension; three-member AT; submissions complete, clarifications pending; no objection by parties; insolvency proceedings against petitioner McNally Bharat Engineering Company Limited; respondent NTPC Limited; I.A. 1429/2025 infructuous; Anish Dayal J; High Court of Delhi; O.M.P.(MISC.)(COMM.) 61/2025; order dated 20.01.2025.

What did the court decide?

Extension of the term of the Arbitral Tribunal for six (6) months w.e.f. 25 December 2024; pending application rendered infructuous. ¶¶19

Mcnally Bharat Engineering Company Limited Vs NTPC Limited — Arbitration | Delhi HC (2025)

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$~49

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- O.M.P.(MISC.)(COMM.) 61/2025 I.A. 1429/2025

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MCNALLY BHARAT ENGINEERING COMPANY

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LIMITED .....Petitioner Through: Mr. Somdutta Bhattacharaya Mr. Shantanu Parmar, Mr. Mohit Dang, Advocate, Mr. Jayant Saini, Advs (through VC)

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versus

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NTPC LIMITED .....Respondent Through: Mr. Puneet Taneja, Sr. Advocate with Mr. Manmohan Singh Narula, Mr. Amit Yadav and Mr. Anil Kumar, Advs.

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CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R % 20.01.2025

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This petition has been filed under Section 29A (4) of the Arbitration and Conciliation Act, 1996 (‘ A&C Act ’) for extension of the term of the Arbitral Tribunal (‘ AT ’).

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It is stated that the first hearing in the arbitration proceedings between the parties took place on 14^th January 2023.

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Pleadings in the matter were completed on 30^th June 2023. On 11^th May 2024, parties mutually consented to extending the term for another six months under Section 29A(3) of the A&C Act.

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The extended time period got exhausted on 25^th December 2024. The

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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 30/01/2025 at 12:44:08

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arbitration is before a three-member AT.

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As per the order sheets of the AT, which have been filed, the submissions have been completed and listed for some clarification which have been sought, as reported by counsel for parties. There is no objection to the extension of the term.

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Counsel for petitioner company states that insolvency proceedings have been initiated against the company and the new management is expected to take control any time within the next few months, and accordingly, they seek extension for six (6) months.

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Accordingly, in view of the facts and circumstances as stated above, term of arbitration proceedings is extended for six (6) months w.e.f. from 25^th December 2024.

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Petition is accordingly disposed of. Pending application is rendered infructuous.

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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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JANUARY 20, 2025/RK/sc

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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 30/01/2025 at 12:44:08

Mcnally Bharat Engineering Company Limited v. NTPC Limited

Case brief

What is this about?

What did the court decide?

Mcnally Bharat Engineering Company Limited v. NTPC Limited

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

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