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IN THE HIGH COURT OF DELHI AT NEW DELHI
Avneesh Jhingan, J
Shiva Engineering Company – Appellant
Versus
Reliance Communication Ltd. – Respondent
| Table of Content |
|---|
| 1. factual context of arbitration mandate extension under section 29a(5). (Para 1 , 2 , 3) |
| 2. parties' contentions regarding timely filing and 'sufficient cause' for delay. (Para 4 , 5) |
| 3. court discretion in extending arbitration mandate timelines. (Para 6 , 7 , 8 , 9 , 10) |
| 4. determination of sufficient cause based on case-specific circumstances. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 5. formal order granting one-year extension of the arbitral tribunal's mandate. (Para 18) |
AVNEESH JHINGAN, J. (ORAL)
1. This petition is filed under Section 29A(5) of the Arbitration and Conciliation Act, 1996 (for short „the Act‟) seeking extension of the mandate of the Arbitral Tribunal for a period of one year.
2. The brief facts are that the petitioner is a unit registered under the Micro, Small and Medium Enterprises Development Act, 2006 (for short „MSMED Act‟). There was dispute amongst the parties and the petitioner in March 2020 approached the Micro and Small Enterprises Facilitation Council (for short ‘MSME Council’) and the matter was referred on 14.07.2021 to Delhi International Arbitration Centre (for short ‘DIAC’). The first date before the Arbitrator was 12.11.2021. Respon
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