Patel Engineering Limited vs Himachal Pradesh Power ...
2021 Latest Caselaw 2485 Del

$~9
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                             Date of decision: 10.09.2021
+     O.M.P.(MISC.)(COMM.) 137/2021
      PATEL ENGINEERING LIMITED          ...... Petitioner
                   Through: Mr. D.S. Chadha, Advocate

                          Versus

      HIMACHAL PRADESH POWER CORPORATION LIMITED
                                         ......Respondent
                  Through: Mr. Anand Prakash, Standing
                           Counsel
      CORAM:
      HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (oral)

IA No. 11544/2021 (u/S 151 CPC)

1. Exemption is allowed subject to all just exceptions.

2. Application is disposed of.

O.M.P.(MISC.)(COMM.) 137/2021

3. The present petition filed under Section 29 A(4) of the Arbitration and

Conciliation Act, 1996 has been filed seeking extension of mandate of the

arbitral tribunal adjudicating the disputes between the parties.

4. Pertinently, petitioner, a leading Civil Engineering and Construction

company and respondent- a public limited company had entered into a

Contract dated 09.09.2009 with regard to a project for construction of

diversion barrage, power intake, desanding arrangements and gates &

hoisting arrangements complete in all respects for Sawra Kuddu

Hydroelectric Project (111 MW) located in District Shimla, Himachal

Pradesh. During execution of project certain disputes arose between the

parties, for resolution of which an arbitral tribunal was constituted on

25.03.2019.

5. According to petitioner, the period of arbitral tribunal was thereafter

extended for 18 months and the said period expired on 24.09.2020. Further

submitted that arguments were concluded and Award was reserved on

22.04.2021, however, since the record is voluminous, therefore, further

extension is sought for the Arbitral tribunal to prepare and announce the

award.

6. Notice issued.

7. Mr. Anand Prakash, learned Standing Counsel appearing on behalf of

respondent, accepts notice and submits that there is no objection if the time

for making the award is extended.

8. Considering that the proceedings and arguments before the Arbitral

tribunal have already concluded, I hereby extend the mandate and time of

the Arbitral Tribunal upto 30.09.2021 for preparing and pronouncing the

Award.

9. With aforesaid, the present petition and pending application are

accordingly disposed of.

(SURESH KUMAR KAIT) JUDGE SEPTEMBER 10, 2021 r