Icetrail Logistics Pvt. Ltd. vs Kuehne+ Nagel Pvt. Ltd.
2021 Latest Caselaw 3449 Del

$~19
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                           Date of decision: 14.12.2021
+      O.M.P.(MISC.)(COMM.) 179/2021
       ICETRAIL LOGISTICS PVT. LTD.                     ..... Petitioner
                            Through    Mr. Nitish K. Sharma, Adv.

                            versus

       KUEHNE+ NAGEL PVT. LTD.                ..... Respondent
                   Through   Ms. Radhika Bishwajit Dubey and
                             Ms. Namrata Sadhnani, Advs.

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                            J U D G M E N T (oral)

1. The present petition has been filed jointly by the parties under

Sections 29A (4) and (5) of the Arbitration and Conciliation Act, 1996

seeking extension of mandate of the Arbitral Tribunal for an additional

period of three months from 30.11.2021 till 28.02.2022 for passing of

Arbitral Award.

2. As per averments made in the present petition, vide order dated

11.10.2018 passed by this Court in Arb. P. 525/2018, Sole Arbitrator was

appointed. Mandate of Arbitral Tribunal got expired on 01.12.2020 and

thereafter, vide order dated 23.12.2020 passed by this Court in OMP (Misc.)

(Comm.) 303/2020 time period for passing the Arbitral Award was extended

till 31.05.2021. Subsequently, again vide order dated 02.06.2021 in OMP

(Misc.) (Comm.) 105/2021,this Court extended the time for passing Arbitral

Award till 30.11.2021.

3. Learned counsel for parties jointly submit that they have filed their

respective written submissions before the learned Arbitral Tribunal on

31.08.2021 and are awaiting passing of Arbitral Award and pray for further

extension of mandate of the Arbitral Tribunal as it had expired on

30.11.2021.

4. In view of the reasons stated in the present petition, submissions made

by learned counsel for parties and in the interest of justice, I hereby extend

the mandate of Arbitral Tribunal for a period of three months, i.e. from

30.11.2021 till 28.02.2022, for passing of the Arbitral Award.

5. Accordingly, the present petition stands disposed of.

(SURESH KUMAR KAIT) JUDGE DECEMBER 14, 2021 rk