ICETRAIL LOGISTICS PVT. LTD. v. KUEHNE+ NAGEL PVT. LTD.

Delhi High Court · 14 Dec 2021 · 2021:DHC:4167
SURESH KUMAR KAIT
O.M.P.(MISC.)(COMM.) 179/2021
2021:DHC:4167
civil petition_allowed

AI Summary

The Delhi High Court granted a joint petition extending the Arbitral Tribunal's mandate by three months under Sections 29A(4) and (5) of the Arbitration and Conciliation Act, 1996 to enable passing of the Arbitral Award.

Full Text
Translation output
O.M.P.(MISC.)(COMM.) 179/2021
HIGH COURT OF DELHI
Date of Decision: 14.12.2021
O.M.P.(MISC.)(COMM.) 179/2021
ICETRAIL LOGISTICS PVT. LTD. ..... Petitioner
Through Mr. Nitish K. Sharma, Adv.
VERSUS
KUEHNE+ NAGEL PVT. LTD. ..... Respondent
Through Ms. Radhika Bishwajit Dubey and Ms. Namrata Sadhnani, Advs.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(oral)

1. 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.) 2021:DHC:4167 O.M.P.(MISC.)(COMM.) 179/2021 (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.

JUDGE DECEMBER 14, 2021 rk