SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img



IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Jhabua Power Limited - Appellant
Versus
Bharat Heavy Electricals Limited - Respondent
O.M.P.(MISC.)(COMM.) 136 of 2021 & I.A. 11481 of 2021
Decided On : 09-09-2021




The court extended the mandate of the Arbitral Tribunal for 18 months due to lack of objection from the respondent's counsel regarding ongoing arbitration disputes.

Headnote:(A) Arbitration and Conciliation Act, 1996 - Section 29A - Extension of mandate of Arbitral Tribunal - Application for extension of the mandate was made due to ongoing disputes between parties - The respondent's counsel did not object to the extension sought - The mandate of the Arbitral Tribunal was extended by 18 months. (Paras 1-4)

(B) Parties to the dispute are Jhabua Power Limited (Appellant) and Bharat Heavy Electricals Limited (Respondent).

Facts of the case:
An application was filed for extending the mandate of the Arbitral Tribunal due to ongoing disputes between the parties, with the respondent’s counsel showing no objection to the extension.

Findings of Court:
The Court allowed the extension of the mandate of the Arbitral Tribunal by 18 months, commencing from the date of the order.

Issues: Whether to grant an extension of the mandate of the Arbitral Tribunal in light of the consent of both parties.

Ratio Decidendi: The Court noted that absence of objection by the respondent's counsel warranted granting the requested extension, thereby supporting the continuity of arbitration proceedings.

Result: The petition along with the pending application stands allowed.

Table of Content
1. request for extension of arbitral mandate (Para 1)
2. response without objection from respondent (Para 2)
3. extension of arbitral tribunal's mandate granted (Para 3)
4. application and petition granted (Para 4)

ORDER (Oral)

1. This is an application under Section 29A of the Arbitration and Conciliation Act, 1996, for extension of the mandate of the Arbitral Tribunal which is seized with the disputes between the parties.

2. Learned Counsel for the respondent has no objection to extension of the mandate of the learned Arbitral Tribunal as sought.

3. Accordingly, the mandate of the learned Arbitral Tribunal stands extended by a period of 18 months commencing today.

4. The petition alongwith the pending application stands allowed accordingly.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top