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HIGH COURT OF DELHI
Date of Decision: 09.06.2025
GMR POWER AND URBAN INFRA LIMITED .....Petitioner
Through: Mr. Anil Kumar Kathuria and Ms. Sneha Ojha, Advocates.
Through: Mr. Ayush Sharma, Advocate.
JUDGMENT
1. This Application is filed on behalf of the Petitioner under Section 29A(5) of Arbitration and Conciliation Act, 1996 (‘Act’) seeking extension of mandate of learned Arbitral Tribunal by a period of 12 (twelve) months.
2. The learned Arbitral Tribunal was appointed by this Court vide order dated 08.04.2022 in ARB. P. No. 404/2022. The learned Arbitral Tribunal accepted the appointment on 28.04.2022 and the first hearing was scheduled on 05.05.2022.
3. The Statement of Claim was filed on 30.06.2022 and the Statement of Defence and Counter was filed on 14.09.2022. Rejoinder to the Statement of Defence and reply to counterclaim was filed on 07.11.2022. Rejoinder to the reply to the counterclaim was filed on 30.12.2022.
4. Thereafter, admission / denial of the documents, filing of Affidavits of Evidence, cross-examination of witnesses was carried out between 04.01.2023 and 26.08.2023. Subsequently, the parties amended the pleadings between 25.09.2023 and 14.03.2024. The crossexamination of the witnesses after the amendment of pleadings was undertaken between 16.05.2024 and 20.09.2024.
5. The final arguments commenced on 09.11.2024 and continued on several hearings.
6. The mandate of the learned Arbitral Tribunal under the Act expired on 23.05.2025. Accordingly, the Petitioner has prayed for the extension of time for 12 (twelve) months for making the Award.
7. Issue notice. The learned counsel for the Respondent appearing on advance service accepts notice and submits that the Respondent has no objection for extension of time as sought by the Petitioner for passing the Award.
8. Considering that the arbitration proceedings are at the advanced stage of final arguments and considerable time was utilised for amendment of pleadings and cross-examination of witnesses, at joint request of the parties, the mandate of the learned Arbitral Tribunal is hereby extended for a period of 12 (twelve) months with effect from 10.06.2025 and the period between 23.05.2025 and 10.06.2025 is hereby regularised.
9. Accordingly, the present Application stands allowed in the aforesaid terms.