MECAMIDI HPP INDIA PRIVATE LIMITED v. BIHAR STATE HYDROELECTRIC POWER CORPORATION LIMITED & ANR.
O.M.P.(MISC.)(COMM.)/218/2024 · 2025-02-28
Subramonium Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12638 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12638 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 218/2024 MECAMIDI HPP INDIA PRIVATE LIMITED ..... Petitioner Through: Mr. Saket Singh, Adv. (M- 9649914305) versus BIHAR STATE HYDROELECTRIC POWER CORPORATION LIMITED & ANR. ..... Respondents Through:
None. CORAM:
JUSTICE PRATHIBA M. SINGH O R D E R % 15.03.2024
1. This hearing has been done through hybrid mode. I.A. 6127/2024 (for exemption)
2. This is an application seeking exemption from filing original documents, Original documents shall be produced/filed at the time of Admission/Denial, if sought, strictly as per the provisions of the Commercial Courts Act and the DHC (Original Side) Rules, 2018. 3. Exemption is allowed, subject to all just exceptions. 4. Accordingly, application is disposed of. O.M.P.(MISC.)(COMM.) 218/2024
5. None appears for the Respondents. 6. The present petition under Section 29A(4) and (5) of the Arbitration and Conciliation Act, 1996 (hereinafter, ‘1996 Act’) has been filed by the Petitioner-Mecamidi HPP India, seeking extension of time for conclusion of arbitral proceedings pending before the ld. Sole Arbitrator, being adjudicated under the aegis of the Delhi International Arbitration Centre This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/03/2024 at 11:32:40
(hereinafter, ‘DIAC’). 7. The brief background is that a Letter of Intent was issued by the Respondent No. 1-Bihar State Hydroelectric Power Corporation Ltd. in favour of the Petitioner on 18th April, 2013, and thereafter the Agreement was entered into between the parties on 30th April, 2013. The parties were referred to arbitration under the aegis of DIAC on 8th March, 2017. The proceedings have continued from time to time. Further, the mandate of the ld. Sole Arbitrator was extended by this Court in O.M.P. (Misc.) (Comm.) No. 60 of 2023 by a period of 12 months, till 28th February, 2024. The time as extended by this Court has expired and thus the present petition has been filed for a second time, seeking extension. 8. In the present petition, the ld.
Sole Arbitrator was hearing the matter and the matter was at the stage of final arguments when the Jharkhand High Court in Letters Patent Appeal No. 255 of 2023 and Letters Patent Appeal No. 4255 of 2023 filed by the Respondent No. 2 had stayed the arbitral proceedings, vide order dated 11th October, 2023. Hence, the extension of the mandate for a period of one year is sought by the Petitioner. 9. Heard. In view of the fact that there is a stay on the operation of the orders passed by the Arbitral Tribunal dated 12th March, 2020 and 2nd December, 2022 of the Jharkhand High Court, the mandate of the Arbitral Tribunal is extended by one more year. 10. The present petition, along with all the application, is disposed of. PRATHIBA M. SINGH, J MARCH 15, 2024 Rahul/dn This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/03/2024 at 11:32:40