POWER GRID CORPORATION OF INDIA LIMITED vs SPML INFRA LIMITED

Judgment text excerpt

$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 24th April, 2025 + O.M.P.(MISC.)(COMM.) 291/2025 POWER GRID CORPORATION OF INDIA LIMITED .....Petitioner Through: Mr. S.B. Upadhyay, Senior Advocate with Mr. Pranay Kishore Mishra and Mr. B.K. Pandey, Advocates. versus SPML INFRA LIMITED .....Respondent Through: Mr. Aayush Agarwala and Mr. Rahul Kumar Yadav, Advocates. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JUDGEMENT JYOTI SINGH, J. (ORAL) 1. This petition is filed on behalf of the Petitioner under Section 29A(4) and (5) of Arbitration and Conciliation Act, 1996 (‘1996 Act’) seeking extension of mandate of learned Arbitral Tribunal by a period of 09 months. 2. Pursuant to disputes having arisen between the Petitioner and the Respondent with respect to Rural Electrification Works in Kaimur District of Bihar under the Government of India run Rajiv Gandhi Gramin Vidyutikaran Yojana, a three-member Arbitral Tribunal was constituted with Mr. Justice Deepak Verma as the Presiding Arbitrator. In the preliminary hearing held on 02.08.2018, it was decided that fee of the Arbitral Tribunal shall be in accordance with Fourth Schedule of the 1996 Act along with 10% additional fee for the Presiding Arbitrator for administrative expenses to be Signature Not Verified Digitally Signed By:KAMAL KUMAR O.M.P.(MISC.)(COMM.) 291/2025 Page 1 of 7 Signing Date:02.05.2025 18:42:11 borne by both parties. Mandate of the Arbitral Tribunal was extended by this Court vide order dated 06.01.2020 by a period of one year w.e.f. 17.12.2019 in OMP(MISC)(COMM) 546/2019, followed by further extensions from time to time. 3. As per the narrative, the Arbitral Tribunal vide order dated 28.10.2022 directed both parties to pay a further fee of Rs.15 lacs to each member of the Arbitral Tribunal