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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Pune Solapur Expressways Private Limited - Appellant
Versus
National Highway Authority of India - Respondent
O.M.P.(MISC.)(COMM.) 121 of 2021 & I.A. 8995 of 2021
Decided On : 27-07-2021
Important Points
Subject
Arbitration - Mandate Extension
Headnote
(B) Arbitration - Timely conclusion of proceedings - Importance of timely resolution upheld through mandate extension as agreed by parties.
Facts of the case:
Petition under Section 11(6) of the Arbitration and Conciliation Act submitted for extending the mandate of the Arbitral Tribunal which expired on 19th July 2021, with the respondent’s counsel expressing no objection.
Findings of Court:
The court found it reasonable to permit an extension of six months for the Arbitral Tribunal to conclude proceedings and issue an award.
Issues: The main issue addressed was the extension of the mandate of the Arbitral Tribunal that had expired.
Ratio Decidendi: The court determined that the absence of objection from the respondent and the necessity for resolution justified the extension of the mandate.
Result: Petition allowed.
| Table of Content |
|---|
| 1. extension of arbitral tribunal's mandate (Para 1 , 2) |
| 2. no objection from respondent (Para 3) |
| 3. petition allowed; mandate extended (Para 4 , 5) |
ORDER (Oral)
(Video-Conferencing)
1. This is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, for extension of the mandate of the learned Arbitral Tribunal, to conclude the proceedings and pass award therein.
2. I am informed that the mandate of the learned Arbitral Tribunal expired on 19th July, 2021.
3. Learned counsel appearing for the respondent has no objection.
4. Accordingly, the petition is allowed.
5. The mandate of the learned Arbitral Tribunal shall stand extended by a period of six months, reckoned from 19th July, 2021.
