Energy Efficiency Services Limited v. a One Realtors Pvt. Ltd.

Delhi HC17 Jan 2025O.M.P.(MISC.)(COMM.)/931/2024

Case brief

AI extract

What is this about?

Section 29A Arbitration and Conciliation Act 1996; extension of arbitral mandate after expiry of twelve-month/six-month period; Section 29A(4) read with Section 29A(5); Rohan Builders (India) Private Limited v. Berger Paints India Limited, 2024 SCC OnLine SC 2494; mandate extended till 11.08.2025; Sole Arbitrator appointed 31.03.2022 in CS(COMM) 610/2019; pleadings completed 21.02.2023; mutual six-month extension ended 19.08.2024; evidence complete, final arguments stage; Energy Efficiency Services Limited v. A One Realtors Pvt Ltd; O.M.P.(MISC.)(COMM.) 931/2024; Delhi High Court; Subramonium Prasad J; disposed 17.01.2025.

What did the court decide?

Mandate of the Sole Arbitrator extended till 11.08.2025 for pronouncement of the award; petition disposed of along with pending applications, if any. ¶¶20

Energy Efficiency Services Limited Vs a One Realtors Pvt. Ltd. — Arbitration | Delhi HC (2025)

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$~51

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- O.M.P.(MISC.)(COMM.) 931/2024

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ENERGY EFFICIENCY SERVICES LIMITED .....Petitioner

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Through: Mr. Ashish Kumar Sharma, Advocate.

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versus

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A ONE REALTORS PVT LTD .....Respondent Through: Ms. Ripu Adlakha, Advocate.

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CORAM:

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HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

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O R D E R

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% 17.01.2025

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This Petition under Section 29A 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 the Petitioner invited bids for Hiring of Distribution Agency for Distribution, Storage, Inventory Management of energy efficient appliances. The Respondent herein was declared as the successful bidder for three states i.e., Uttar Pradesh, Madhya Pradesh and Rajasthan. Disputes arose between the parties under the said contract and arbitration was invoked. This Court vide Order dated 31.03.2022 passed in CS(COMM) 610/2019 had appointed a Sole Arbitrator to adjudicate upon the dispute between the parties. Pleading stood completed on 21.02.2023.

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The parties are not ad idem as to when does the period of one year come to an end after the completion of pleadings.

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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 24/01/2025 at 16:02:20

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Learned Counsel appearing for the Respondent states that the mandate has come to an end on 21.02.2024. The parties, thereafter, mutually extended the mandate for a period of six months as mandated under Section 29A of the Arbitration and Conciliation Act, 1996 and the mandate came to an end on 19.08.2024.

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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, if there are sufficient reasons given.

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It is stated that the evidence is complete and both the parties are at the stage of advancing final arguments.

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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 till 11.08.2025, 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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JANUARY 17, 2025 S. Zakir

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Energy Efficiency Services Limited v. a One Realtors Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Energy Efficiency Services Limited v. a One Realtors Pvt. Ltd.

Case brief

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