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2021 Supreme(Del) 1309
IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Icetrail Logistics Pvt. Ltd. - Appellant
Versus
Kuehne+ Nagel Pvt. Ltd - Respondent
Original Miscellaneous Petition (MISC.)(COMM.) No. 179 of 2021
Decided On : 14-12-2021
Important Points
Subject
Arbitration Law - Extension of Arbitral Tribunal's Mandate
Act Referred
Headnote
Arbitration and Conciliation Act, 1996 - Extension of Arbitral Tribunal's Mandate - The court extended the mandate of the Arbitral Tribunal for an additional three months for passing the Arbitral Award, in the interest of justice.
Fact of the Case:
The parties jointly filed a petition seeking an extension of the Arbitral Tribunal's mandate for passing the Arbitral Award, as the mandate had expired.
Finding of the Court:
The court found that the parties had filed their written submissions before the Arbitral Tribunal and were awaiting the passing of the Arbitral Award. In the interest of justice, the court extended the mandate of the Arbitral Tribunal for a period of three months.
Issues: Extension of Arbitral Tribunal's mandate for passing the Arbitral Award.
Ratio Decidendi: The court extended the mandate of the Arbitral Tribunal based on the submissions made by the parties and in the interest of justice.
Final Decision: The court extended the mandate of the Arbitral Tribunal for a period of three months, from 30.11.2021 till 28.02.2022, for passing of the Arbitral Award.
Nitish K. Sharma, Advocate, Radhika Bishwajit Dubey, Advocate, Namrata Sadhnani, Advocate
JUDGMENT
Suresh Kumar Kait, J. - 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.
