Era Infra Engineering Ltd. Vs Bharat Heavy Electricals Ltd.

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$~49

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CNR No. DLHC010384442026

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- O.M.P.(MISC.)(COMM.) 654/2026

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ERA INFRA ENGINEERING LTD .....Petitioner Through: Ms. Suvangana Agarwal, Ms. Ruchi, Ms. Bandita Singh, Mr. Rishabh Bafna, Ms. Bandita and Ms. Madhav Tripathi, Advocates.

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versus

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BHARAT HEAVY ELECTRICALS LTD .....Respondent Through: Mr. Pallav Kumar, Mr. Dibya Nishant, Ms. Khushbu Dwivedi and Ms. Jyotsna Baghel, 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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% 21.09.2026

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I.A. 22494/2026 (Exemption)

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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.) 654/2026

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This petition is filed on behalf of the Petitioner under Section 29A (4) and (5) of Arbitration and Conciliation Act, 1996 seeking extension of mandate of the learned Sole Arbitrator by a period of 12 months for completion of proceedings and rendition of the arbitral award.

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It is stated that the present arbitral proceedings arise out of a Contract awarded to the Petitioner by the Respondent on 29.09.2010 albeit the

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O.M.P.(MISC.)(COMM.) 654/2026

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Page 1 of 3

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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 23/09/2026 at 10:55:09

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Formal Agreement was executed on 05.10.2010. Disputes having arisen between the parties, Respondent appointed a Sole Arbitrator on 01.02.2016, who entered upon reference on 02.03.2016. During the arbitral proceedings, disputes arose on the independence of the Arbitrator necessitating intervention by the Court. Between 2018 to 2024, CIRP proceedings were pending, which finally culminated into approval and implementation of Resolution Plan on 11.06.2024 and Petitioner came out of insolvency under a new management. In between, mandate of the earlier Arbitrator was terminated by this Court by common order dated 27.09.2022 in O.M.P.(MISC.)(COMM.) 38/2017 and O.M.P.(T)(COMM.) 01/2019 and the present Arbitrator, former Judge of the Supreme Court was appointed.

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Learned counsel for the Petitioner submits that Court had extended the mandate of the learned Arbitrator upto 31.12.2025 vide order dated 29.01.2025 in O.M.P.(MISC.)(COMM.) 88/2025, however, due to complexity of the disputes, voluminous documentary evidence, prolonged CIRP, change in management and the time consumed in identifying witnesses and reconstruction of records, the proceedings could not be concluded and hence, the mandate be extended so that the proceedings are concluded and award is passed. It is also submitted that proceedings are at an advanced stage.

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Issue notice.

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Mr. Pallav Kumar, learned counsel accepts notice on behalf of the Respondent and submits that the Court ought not to extend the mandate, considering that the arbitration commenced in 2016 and has not concluded till date.

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Learned counsel for the Respondent is right in his submission that

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O.M.P.(MISC.)(COMM.) 654/2026

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Page 2 of 3

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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 23/09/2026 at 10:55:09

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arbitral proceedings ought to be concluded expeditiously else the entire purpose of resorting to an alternate dispute resolution mechanism will be defeated. However, in the present case, I am satisfied that the delay in the proceedings cannot be placed entirely on the Petitioner and is a result of host of factors such as earlier litigation for substitution of the Arbitrator as also CIRP proceedings, which only concluded in 2024. Having said that, the extension is being granted only for six months, making it clear that no further extension will be granted.

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Petition is accordingly allowed and disposed of, extending the mandate of the learned Sole Arbitrator by a period of six months from today to conclude the proceedings and pass the arbitral award. The period between 01.01.2026 to 20.09.2026 is regularized.

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JYOTI SINGH, J

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SEPTEMBER 21, 2026/AK

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O.M.P.(MISC.)(COMM.) 654/2026

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Page 3 of 3

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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 23/09/2026 at 10:55:09

Era Infra Engineering Ltd. v. Bharat Heavy Electricals Ltd.

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Era Infra Engineering Ltd. v. Bharat Heavy Electricals Ltd.

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