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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
Important Points
Subject
Arbitration - Extension of Time
Headnote
(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.
