MUNCIPAL CORPORATION OF DELHI vs HIMALYAN FLORA AND AROMAS PVT LTD.

Judgment text excerpt

$-71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB. A. (COMM.) 54/2025, I.A. 8952/2025, I.A. 8954/2025 and I.A. 10724/2025 Date of Decision: 08.10.2025 IN THE MATTER OF: MUNCIPAL CORPORATION OF DELHI THROUGH:- PROJECT MANAGER (CIVIL), CIVIC CENTRE, 22ND FLOOR, DR. SPM CIVIC CENTRE, NORTH DELHI MUNICIPAL CORPORATION, MINTO ROAD, NEW DELHI - 110002 ..... PETITIONER Through: Ms.Arundhati Katju, Sr. Advocate with Mr.Sanjay, Ms.Ritika and Mr.Siddhartha, Advocates along with Mr.Sanjeet, ASO, MCD. Versus HIMALYAN FLORA AND AROMAS PVT LTD. THROUGH: - MR GUARAV VIJH, DIRECTOR, RIO D-253, ANAND VIHAR, NEW DELHI ...... RESPONDENT Through: Mr.Rajshekhar Rao, Sr. Advocate with Mr.Anand Mishra, Ms.Vandita, Ms.Ayushi, Mr.Ajay and Mr.Devansh, Advocates. Mr.Avadh Bihari Kaushik, Ms.Saloni Mahajan and Mr.Rishabh Kumar, Advocate for applicant in I.A. 10724/2025. Signature Not Verified Signature Not Verified Signed By:NEHA CHOPRA Signed Signing Date:09.10.2025 By:PURUSHAINDRA 16:56:33 1 KUMAR KAURAV HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV JUDGEMENT PURUSHAINDRA KUMAR KAURAV, J. (ORAL) The instant appeal under Section 37 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as A&C Act) seeks to assail the impugned award dated 11.12.2024 passed by the Emergency Arbitrator in exercise of his power vested under Delhi International Arbitration Centre (Arbitration Proceedings) Rules, 2023 (hereinafter referred to as the Rules of 2023). 2. Ms. Arundhati Katju, learned senior counsel for the appellant, in limine, submits that the Emergency Arbitrator has erred in extending the operation of the impugned order beyond a period of 90 days. According to her, Rule 14.13 of the Rules of 2023 empowers only the Arbitral Tribunal, and not the Emergency Arbitrator, to extend the operat