BEFORE THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

(ORIGINAL JURISDICTION)
O.M.P. (MISC.)(COMM.) NO. ______OF 2020

IN THE MATTER OF:

Shipra Infratech Private Limited ...PETITIONER/CLAIMANT

Versus

General Electric T&D India Ltd.

(Formerly Alstom T&D India Pvt. Ltd.) …RESPONDENT

MASTER INDEX

INDEX -I

S. No. PARTICULARS COUT FEE PAGE NO.

1. Urgency Application

2. Letter of Motion with Proof of

Service

3. Brief Synopsis with List of

Dates

4. Memo of Parties

5. Application under section 29A

(3) and section 29A (4) of the
Arbitration and Conciliation
Act, 1996 for Extension of
Time alongwith Affidavit and
Statement of Truth by way of
Affidavit.

6. Statement of Truth
 7. Court Fees

INDEX-II

S. No. Particulars Court Fees Page No.

1. Index
2. I.A. No. of 2020

Application under Section

151, Code of Civil
Procedure seeking
exemption from filing dim
and illegible copies of the
annexures or having
improper margins of
annexures with supporting
affidavit and Exemption
from filing requisite Court
Fees and Exemption from
Attestation of Affidavits

INDEX-III

S. No. Particulars Court Fees Page No.

1. Index
2. Vakalatnama alongwith
Board Resolution / Power
of Attorney in favor of the
Authorized Representative
of the Petitioner
 INDEX-IV

LIST OF DOCUMENTS FILED WITH THE PETITION AS PER ORDER XI

1(2) OF THE COMMERCIAL COURTS, COMMERCIAL DIVISION AND
COMMERCIAL APPELLATE DIVISION OF HIGH COURTS ACT, 2015

Page no. _____ to ______

S. Details of Documents in Original Mode of Line of Page
No Document(s) power/possession or Execution/ Custody No.
. and parties ,control, custody photocopy Issuance or
of or office receipt
copies
1. Index
2. Document A Petitioner Copy Copy Petitioner
Copy of
Power of
Attorney
dated
08.01.2020 in
favour of the
Mr. Faisal
Chisti.
3. Document B Petitioner, Copy Copy Petitioner
Copy of Respondent
Letter dated
27.04.2015

4. Document C. Petitioner, Copy Copy Petitioner

Copy of Respondent
letter dated
30.10.2015.

5. Document D Petitioner, Copy Copy Petitioner

(colly) Respondent
Copy of
Order dated
06.04.2017
and letter
dated
10.04.2017
6. Document- E Petitioner, Copy Copy Petitioner
(colly) Respondent
Copy of
Letter dated
25.08.2017
and
21.04.2018
7. Document- Petitioner, Copy Copy Petitioner
F(colly) Respondent
Copy of
Letter dated
04.05.2018
an
10.05.2018
8. Document- G Petitioner, Copy Copy Petitioner
Copy of Respondent
Order dated
10.10.2019
9. Document -H Petitioner, Copy Copy Petitioner
Copy of Respondent
Order dated
10.02.2020

Note: A separate application for exemption from filing typed copies of

dim and illegible annexures have been filed along with the
present petition since there are certain documents which cannot
be re-typed. In case the Hon'ble Court directs, the Petitioner
will file typed copies of the same. It is therefore requested from
the Registry to list the Petition as it is before the Hon'ble Court,
subject to office objections.

THROUGH

CHAMBERS OF JAITLEY AND BAKHSHI

(ADVOCATES FOR THE PETITIONER)
48, TODARMAL ROAD, NEW DELHI-110001
E-MAIL: [email protected]
 BEFORE THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(ORIGINAL JURISDICTION)
O.M.P. (MISC.) (COMM.) NO. ______OF 2020

IN THE MATTER OF:

Shipra Infratech Private Limited ...PETITIONER/CLAIMANT

Versus

General Electric T&D India Ltd.

(Formerly Alstom T&D India Pvt. Ltd.) …RESPONDENT

INDEX -I

S. No. PARTICULARS COURT PAGE

FEE NO.

1. Index

2. Urgency Application

3. Letter of Motion with Proof of

Service

4. Brief Synopsis and List of

Dates

5. Memo of Parties

6. Application under section 29A

(3) and section 29A (4) of the
Arbitration and Conciliation
Act, 1996 for Extension of
Time alongwith Affidavit and
Statement of Truth by way of
Affidavit.
 6. Statement of Truth

Note: A separate application for exemption from filing typed copies of

dim and illegible annexures have been filed along with the
present petition since there are certain documents which cannot
be re-typed. In case the Hon'ble Court directs, the Petitioner
will file typed copies of the same. It is therefore requested from
the Registry to list the Petition as it is before the Hon'ble Court,
subject to office objections.

CHAMBERS OF JAITLEY AND BAKHSHI,

48, TODARMAL ROAD,
NEW DELHI-110001
PHONE NO:9870478400
E-MAIL:
[email protected]

Place
Date:
 BEFORE THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(ORIGINAL JURISDICTION)
O.M.P. (MISC.) (COMM.) NO. ______OF 2020

IN THE MATTER OF:

Shipra Infratech Private Limited ...PETITIONER/CLAIMANT

Versus

General Electric T&D India Ltd.

(Formerly Alstom T&D India Pvt. Ltd.) …RESPONDENT

APPLICATION FOR URGENCY

To,
The Registrar,
Hon'ble Delhi High Court,
New Delhi

Sir,
It is requested that the accompanying Petition may be treated as urgent one
as under the High Court’s Rules and Order. I am requesting the registry to list the
same on /05/2020.
The ground of urgency is that the mandate of the Ld. Sole Arbitrator is due
to expire on 01.06.2020.

THROUGH

CHAMBERS OF JAITLEY AND BAKHSHI

(ADVOCATES FOR THE PETITIONER)
48, TODARMAL ROAD, NEW DELHI-110001
E-MAIL: [email protected]
 BEFORE THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(ORIGINAL JURISDICTION)
O.M.P. (MISC.) (COMM.) NO. ______OF 2020

IN THE MATTER OF:

Shipra Infratech Private Limited ...PETITIONER/CLAIMANT
Versus
General Electric T&D India Ltd.
(Formerly Alstom T&D India Pvt. Ltd.) …RESPONDENT
At:
A-18, First Floor, Okhla Industrial Area,
Phase – II, New Delhi, Delhi 110020

LETTER OF MOTION

I am filing the attached Petition on behalf of the Petitioner/Claimant and I

am requesting the Registry to list the same on /05/2020.

You are requested to take the notice of the same and make it convenient to

appear in Court on the above said date or on such other dates as and when the said

application is listed.

THROUGH

CHAMBERS OF JAITLEY AND BAKHSHI

(ADVOCATES FOR THE PETITIONER)
48, TODARMAL ROAD, NEW DELHI-110001
E-MAIL: [email protected]
 SYNOPSIS AND LIST OF DATES AND EVENTS
The present application under Section 29A (3) and 29A (4) of the Arbitration and
Conciliation Act, 1996 is being preferred by the Petitioner seeking extension of
time for conclusion of the Arbitral Proceedings pending before the Hon’ble Sole
Arbitrator Mr. A.K Ganguli, Senior Advocate.
The parties have entered into a contract for the construction of 7 Nos. Reactor
foundations, corresponding fire walls, rail cum road, fire pump house building and
water reservoir, 765 kV sub-control room building type B to be completed by
December, 2012 and other non-critical works were to be completed by December,
2013 vide its LOI No. LOI/5427 PS062/RRVPNL-Anta/ Civil Works/01 dated
07.06.2012 and the Purchase Order for the execution of the Contract Works dated
07.08.2012 was issued alongwith the Special Terms of Contract and the General
Terms of Contract were issued to the Petitioner.
However, certain disputes arose between the parties and in terms of Clause 23 of
the contract document the disputes were first referred for conciliation between the
parties which failed the conciliation proceedings were terminated on 06.04.2017.
thereafter, the disputes were referred for Arbitration and Mr. A.K Ganguli, Senior
Advocate accorded his consent to act as the Hon’ble Sole Arbitrator on
15.05.2018.
In view of the voluminous record and technical issues requiring detailed analysis
thereof, the Hon’ble Sole Arbitrator and by taking consent of both the parties on
10.05.2019 extended the time for conclusion of the proceedings by 6 months.
Further vide order dated 10.10.2019, the Hon’ble Sole Arbitrator in view of the the
Arguments of both the parties concluded the proceedings and reserved Award.
The Hon’ble Arbitrator observed in view of the amended provisions of Section
29A of Arbitration and Conciliation Act, 1996 which came into force w.e.f
30.08.2019 in terms of the Notification dated 30.08.2019 by the Department of
Legal Affairs, Ministry of Law and Justice, the period of 12 months from the date
of completion of pleadings has expired on 1.08.2019. However, in terms of the
parties’ agreement to extend the period of making the Award for 6 months as
contemplated under the proviso to the sub-section (1) of Section 29A, the period of
making the Award would now expire on 01.02.2020.
By Order dated 14.08.2019, the Ld. Arbitrator observed that the parties should
observe to resolve the issue at hand amicably. this resulted in the parties
undertaking several rounds of settlement talks to resolve the disputes and this
delayed the start of the final arguments. It was only by 12.11.2019 that the final
arguments could be concluded in the matter. Even after the conclusion of
arguments, the parties once again made attempts to resolve the issue but could not
resolve the same, despite being very close to a resolution.
The Claimant, thereafter, filed an Arbitration Petition being O.M.P (Misc.)
(Comm.) No. 53 of 2020 under Section 29A of the Arbitration and Conciliation
Act, 1996 seeking an extension of time for completing the proceedings and
pronouncement of award. This Hon'ble Court vide its Order dated 10.02.2020
allowed an extension for 4 months with effect from 01.02.2020.
Thereafter, the parties were directed to file their Written Submissions by the
Hon'ble Tribunal while continuing to proceed with the discussions as mentioned
herein above. However, since agreement could not be reached, the parties filed
their respective Written Submissions. Thereafter, in view of the National
Lockdown imposed by the Government of India to contain the spread of the novel
coronavirus and the resultant suspension of any movement, significant time was
lost as voluminous records of the arbitration could not be accessed by the Hon'ble
Tribunal and the parties.
Hence, the parties agreed to seek an extension of time for conclusion of the
Arbitral Proceedings by filing an application under Section 29A(3) and 29(4) of
the Arbitration and Conciliation Act, 1996.
Hence, the parties have agreed to seek a further extension of time for conclusion of
the Arbitral Proceedings by filing an application under Section 29A(3) and 29(4)
of the Arbitration and Conciliation Act, 1996.
Hence the present petition.

DATE EVENT

07.08.2012 Purchase order issued to the Petitioner by the Respondent.

31.03.2015 Certain disputes arose between the parties and the

Petitioner filed its Claims to the Respondent.

27.04.2015 Petitioner referred the disputes between the parties for

Arbitration

30.10.2015 After deliberation the parties decided to try for

conciliation proceedings and made joint request to Mr.
Kaushal Kishore Aggarwal to act as conciliator between
the parties for settlement of disputes.
06.04.2017 The conciliation between the parties failed and vide order
of the conciliator the conciliation proceedings were
terminated.

10.04.2017 Petitioner referred the dispute for Arbitration to the

Respondent and suggested the name of Mr. Kaushal
Kishore Aggarwal to act as the Arbitrator.

25.08.2017 Respondent rejected the suggestion of Petitioner and

proposed the names of Mr. A.K Ganguli, Senior Advocate
or Hon’ble Mr. Justice A.P Shah (retd.) to be appointed as
sole arbitrator.

21.04.2018 The Petitioner accepted the proposal of the Respondent

and gave his consent to appoint Mr. A.K Ganguli, Senior
Advocate to be appointed as the sole arbitrator to
adjudicate the arbitration proceedings between the parties.

04.05.2018 Mr. A.K Ganguli, Senior Advocate to accorded his

consent to act as the Sole Arbitrator for resolution of the
claims of the Claimant and counter claims of the
Respondent.

15.05.2018 First preliminary proceedings were held wherein the

Hon’ble Sole Arbitrator passed the necessary orders so as
to schedule a time frame for filing of pleadings, drafting
of issues, recording of Evidence, and dates of hearing for
both the parties.

01.08.2018 Filing of proceedings before the Sole Arbitrator on behalf

of both the parties were concluded.

10.05.2019 The parties agreed to an extended period of 6 months of

mandate of the Arbitrator, now expiring in November,
 2019.

10.10.2019 The Arguments of both the parties were concluded.

The Hon’ble Arbitrator observed in view of the amended

provisions of Section 29A of Arbitration and Conciliation
Act, 1996 which came into force w.e.f 30.08.2019 in
terms of the Notification dated 30.08.2019 by the
Department of Legal Affairs, Ministry of Law and Justice,
the period of 12 months from the date of completion of
pleadings has expired on 01.08.2019. However, in terms
of the parties’ agreement to extend the period of making
the Award for 6 months as contemplated under the proviso
to the sub-section (1) of Section 29A, the period of
making the Award would now expire on 01.02.2020

15.05.2018 to Even After strictly following the schedule fixed by the

30.01.2020 Hon’ble Arbitral Tribunal and refraining from seeking
unnecessary adjournments and owing to the complexity of
the matter, several technical issues requiring detailed
analysis and the voluminous record of the case the
Arbitral proceedings could not be concluded in less than
one year from the earlier date fixed and the Award could
not be passed and hence the parties agreed to seek an
appropriate extension for passing of the award.

10.02.2020 O.M.P (Misc) (Comm.) No. 53 of 2020 was listed and

allowed, thus grating an extension of 4 months with effect
from 01.02.2020.

24.03.2020 National Lockdown imposed to contain the spread of the

novel coronavirus and is still continuing, thereby
rendering access to the voluminous records impossible,
 thereby constraining the parties to seek a further extension
of one month.

22.05.2020 Hence the present petition.

 BEFORE THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(ORIGINAL JURISDICTION)
O.M.P. (MISC.) (COMM.) NO. ______OF 2020

IN THE MATTER OF:

Shipra Infratech Private
Limited
...PETITIONER/CLAIMANT

Versus

General Electric T&D India Ltd.

(Formerly Alstom T&D India Pvt. Ltd.) …RESPONDENT

APPLICATION ON BEHALF OF THE PETITIONER/ CLAIMANT UNDER

SECTION 29A (3) AND SECTION 29A (4) OF THE ARBITRATION AND
CONCILIATION ACT (1996) FOR EXTENSION OF TIME.

MOST RESPECTFULLY SHOWETH:

1. The present application is filed by the Petitioner/Claimant named above,

seeking, inter alia, an extension of time for conclusion of the arbitration

proceedings pending adjudication before an Arbitral Tribunal consisting of

Sole Arbitrator.

2. The present application is being signed and verified by the Claimant,

through Mr. Faisal Chisti, the duly authorized representative of the Claimant

Company by virtue of the Power of Attorney dated 08.01.2020. A true copy

of the Power of attorney dated 08.01.2020 in favour of Mr. Faisal Chisti is

annexed herewith and is marked as Document- A.

3. The relevant facts of the case, insofar as they are relevant for the present

purposes are set out herein below:

a. M/s Shipra Infratech Pvt. Ltd (hereinafter referred to as “Claimant”) is a

private limited company and engaged in the business of the executing

civil and contractual works pertaining to building and other infrastructure

works. General Electric T&D Ltd. (formerly known as Alstom T&D

India Pvt. Ltd.) (hereinafter referred to as “Respondent”) is a public

limited company and engaged in the business of power generation,

utility, industry and infrastructure markets and has a predominant

presence across all stages of power supply chain.

b. The Respondent herein is the EPC Contractor for the development of

3x1500MVA, 400/765 kV Pooling Sub-Station (hereinafter referred to as

“Sub-Station”) at Anta, Rajasthan (hereinafter referred to as “Project

Site”) by Rajasthan Rajya Vidyut Prasaran Nigam Limited (hereinafter

referred to “RRVPNL”) for evacuation of power from three (3) major

power generating stations of Rajasthan.

c. The Respondent floated a tender dated 3rd April, 2012 for the

construction of civil structures and the Claimant applied for the said

tender vide its letter dated 26th April, 2012. Post the meeting dated 7th

June, 2012, the Claimant submitted its revised Bid vide its e-mail dated

7th June, 2012 (Page 5/Vol I of the Convenience Compilation) alongwith

revised Bills of Quantities and was awarded the contract for the

construction of 7 Nos. Reactor foundations, corresponding fire walls, rail

cum road, fir pump house building and water reservoir, 765 kV sub-

control room building type B to be completed by December, 2012 and

other non-critical works were to be completed by December, 2013 vide

 its LOI No. LOI/5427 PS062/RRVPNL-Anta/ Civil Works/01 dated

07.06.2012 for the same.

d. The Purchase Order for the execution of the Contract Works dated

07.08.2012 was issued alongwith the Special Terms of Contract and the

General Terms of Contract were also issued to the Claimant

e. Certain disputes arose between the parties wherein the claimant vide its

letter dated 31.03.2015 filed its claims in terms of the arbitration clause

contained in the Letter of Intent, the Petitioner referred their disputes to

arbitration vide letter dated 27.04.2015, which, as per the clause 23 of the

Contract Agreement, wherein the amicable settlement cannot be arrived

at the dispute shall be referred to arbitration under the provisions of

Arbitration and Conciliation Act, 1996. A copy of the notice dated

27.04.2015 issued by the petitioner is annexed herewith as Document- B.

f. The parties after much deliberation and discussion reached a concise

decision to attempt and settle disputes through Conciliation Proceedings

and vide letter dated 30.10.2015 sent a joint request to Mr. Kaushal

Kishore Agrawal to act as a conciliator between the parties for settlement

of disputes. A copy of letter dated 30.10.2015 is annexed herewith as

Document- C.

g. The Conciliation Proceedings between the parties failed as the parties

failed to reach a settlement agreeable to both the parties and vide order

dated 06.04.2017 of Mr. Kaushal K Aggarwal (sole conciliator) the

conciliation proceedings were terminated. Thereafter the Claimant vide

letter dated 10.04.2017 referred to the matter for Arbitration as per clause
 23 of the Contract Agreement and suggested the name of Mr. Kaushal K

Aggarwal as the sole arbitrator. A copy of the order dated 06.04.2017 and

letter dated 10.04.2017 is annexed herewith as Document - D (Colly).

h. The Respondent rejected the suggestion of the Claimant and vide letter

dated 25.08.2017 proposed the names of Mr. A.K Ganguli, Senior

Advocate or Hon’ble Mr. Justice A.P Shah (retd.) to be appointed as sole

arbitrator. The Claimant vide letter dated 21.04.2018 accepted the

nomination of Mr. A.K Ganguli, Senior Advocate to be appointed as the

Sole Arbitrator to adjudicate the arbitration proceedings between the

parties. A copy of letter dated 25.08.2017 and 21.04.2018 is annexed

herewith as Document- E (Colly).

i. The Respondent vide letter dated 04.05.2018 requested Mr. A.K Ganguli,

Senior Advocate to accord his consent to act as the Sole Arbitrator for

resolution of the claims of the Claimant and counter claims of the

Respondent. Thus, on 10.05.2018 Mr. A.K Ganguli, Senior Advocate

accorded his consent and scheduled the first preliminary hearing to be

held on 15.05.2018. A copy of letter dated 04.05.2018 and 10.05.2018

are annexed herewith as Document- F (Colly).

j. The first Arbitration Proceedings were held on 15.05.2018, wherein the

Hon’ble Sole Arbitrator passed the necessary orders so as to schedule a

time frame for filing of pleadings, drafting of issues, recording of

Evidence, and dates of hearing for both the parties. The filing of

proceedings before the Sole Arbitrator on behalf of both the parties was

concluded on 01.08.2018.
k. The period of 12 months as was prescribed in the Arbitration and

Conciliation Act, 1996 (before Amendment dated 30.08.2019) ended on

10.05.2019 and the parties had already agreed to an extended period of 6

months vide order of the Sole Arbitrator, which was to expire in

November, 2019.

l. The final arguments of both the parties were concluded on 10.10.2019.

Also, the Hon’ble Sole Arbitrator vide its order dated 10.10.2019, noted

that, “The parties have stated that the pleadings were completed on

01.08.2018. The parties had already agreed to extend the time for

making the Award for a period of 6 months. In view of the amended

provisions of Section 29A of Arbitration and Conciliation Act, 1996

which came into force w.e.f 30.08.2019 in terms of the Notification dated

30.08.2019 by the Department of Legal Affairs, Ministry of Law and

Justice, the period of 12 months from the date of completion of pleadings

has expired on 1.08.2019. However, in terms of the parties’ agreement to

extend the period of making the Award for 6 months as contemplated

under the provisio to the sub-section (1) of Section 29A, the period of

making the Award would now expire on 01.02.2020”.

A copy of the order dated 10.10.2019 is annexed herewith as

Document-G.

m. It is pertinent to note that the parties, in view of the Order dated

14.08.2019 passed by the Hon'ble Arbitrator, strived to settle the disputes
during the pendency of arbitral proceedings and even after the conclusion
of arguments in the matter on 12.11.2019. Several rounds of settlement
talks were held, however, the parties failed to reach a consensus and the
 matter could not resolve the disputes despite being very close to a
resolution.

n. It is submitted that the parties strictly followed the schedule fixed by the
Hon’ble Sole Arbitrator and refrained from seeking unnecessary
adjournments. However, considering the nature of disputes and the
voluminous record and further owing to several technical issues requiring
detailed analysis of the cases the Hon’ble Sole Arbitrator in view of the
amended provisions of Section 29A of Arbitration and Conciliation Act,
1996 which came into force w.e.f 30.08.2019 in terms of the Notification
dated 30.08.2019 by the Department of Legal Affairs, Ministry of Law
and Justice, the period of 12 months from the date of completion of
pleadings has expired on 1.08.2019. However, in terms of the parties’
agreement to extend the period of making the Award for 6 months as
contemplated under the proviso to the sub-section (1) of Section 29A, the
period of making the Award was scheduled to expire on 01.02.2020.

o. Thereafter, the parties filed a Petition under Section 29A of the

Arbitration and Conciliation Act, 1996 being O.M.P. (Misc.) (Comm.)

No. 53 of 2020 seeking an extension of time as the arguments have

already been concluded, the parties have unsuccessfully tried to settle the

disputes so far and only the Award remains to pronounced by the

Hon'ble Tribunal. The petition came to be listed before this Hon'ble

Court on 10.02.2020 when this Hon'ble Court, in the facts and

circumstances of the case was pleased to grant an extension of 4 months

with effect from 01.02.2020 for completion of arbitration and

pronouncement of Award. This period is due to expire on 01.06.2020. A

copy of the Order dated 10.02.2020 passed by this Hon'ble Court is

being affixed herewith as Document H.

 p. However, the nationwide lockdown imposed by the Government of India

with effect from 24.03.2020 and which is still continuing in essence to

contain the spread of the novel coronavirus caused the entire process to

come to a standstill. The Hon'ble Tribunal was unable to access the

voluminous case records due to restricted movement and the Award,

which was at advanced stages, could not be completed due to logistical

restrictions posed by the lockdown. This roughly 2-month period has

been unfortunately wasted as no development could take place to draft

and finalize the Award.

4. It is submitted that the parties will suffer grave and irreparable injury if the

mandate of the Hon’ble Sole Arbitrator is terminated at this advanced stage

of preparation and finalization of Award. It is therefore, just, proper, and

equitable that the time frame for passing the award by the Hon’ble Sole

Arbitrator in the proceedings pending before it may be further extended for a

period of One month to give sufficient time to the Hon’ble Sole Arbitrator.

5. The prayer of such an indulgence is crucial to the fate of the instant Arbitral

Proceedings. The parties have no other efficacious remedy under the

Arbitration and Conciliation Act, 1996, except to approach this Hon’ble

Court by way of the present petition. Further, the subject matter pending

before the Hon’ble Arbitral Tribunal is a ‘commercial dispute’ as defined in

Section 2(1)(c) of the Commercial Court, Commercial Division and

Commercial Appellate Division of High Courts Act, 2015 and this Hon’ble

Court has the jurisdiction to entertain the instant petition and requisite court

fee of Rs. 20/- shall be affixed as soon as conditions improve.

6. Clause 23 of the Contract Document contemplates that the Arbitration

proceedings shall be held in Delhi only. As such this Hon’ble Court has the

territorial jurisdiction to try and entertain the present petition.

7. This Hon’ble Court has the pecuniary jurisdiction to entertain the present

dispute as the petitioner is presently valuing its claim before the Sole

Arbitrator at Rs. 52,73,04,608/- (Rupees Fifty Two Crore Seventy Three

Lakh Four Thousand Six Hundred and Eight only) arising out of the

Contract between the parties.

8. The Petitioner has not filed any other seminal Petition before this Hon’ble

Court or before any other Court praying for similar relief.

9. The present application is bona fide and in the interests of justice.

10. All documents filed alongwith the Petition are true photocopies of the

respective originals.

11. The Petitioner shall deposit the requisite court fee of INR 500/- in terms of

compliance under Rule 2, Chapter- VI of the Delhi Hight Court (Original

Side) Rules, 2018 as one time process fee as soon as the same is made

possible.

PRAYER

It is most humbly prayed that in light of the facts and circumstances of the

case that this Hon’ble Court may graciously be pleased to grant the

following reliefs to the parties:

a) Allow the present application and extend the time period for completion

of the arbitral proceedings and passing of award.

 b) pass such other and further Order (s) as this Hon’ble Court may deem fit

and proper in the facts and circumstance of the present case.

PETITIONER/CLAIMANT

THROUGH

CHAMBERS OF JAITLEY AND BAKHSHI

(ADVOCATES FOR THE PETITIONER)
48, TODARMAL ROAD, NEW DELHI-110001
E-MAIL: [email protected]

VERIFICATION:

Verified by me, Mr. Faisal Chisti, authorized representative of the Claimant at

New Delhi on this the ____ day of ______, 2020 that the contents of the above

Application are true and correct to my knowledge as per the records maintained by

the Claimant in the ordinary course of its business. No part of it is false and

nothing material has been concealed therefrom.

PETITIONER/CLAIMANT
 BEFORE THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(ORIGINAL JURISDICTION)
O.M.P. (MISC.)(COMM.) NO. ______OF 2020

IN THE MATTER OF:

Shipra Infratech Private
Limited
...PETITIONER/CLAIMANT

Versus

General Electric T&D India Ltd.

(Formerly Alstom T&D India Pvt. Ltd.) …RESPONDENT

STATEMENT OF TRUTH BY WAY OF AFFIDAVIT ON BEHALF OF THE

PETITIONER

(Under First Schedule, Order VI Rule 15A & Order X Rule 1)

I, Mr. Faisal Chisti, S/o Late Prof. Unwan Chisti, aged about 40 years, R/o
working with the petitioner / claimant company having its registered office at 502,
5th Floor, Narain Manzil, Barakhamba Road, New Delhi – 110001 the above
named deponent do hereby solemnly affirm and declare as under:

1. That I am authorized representative of the Petitioner/Claimant company to

represent the company in the above petition and thus I am competent to

depose and swear this affidavit.

2. That I am sufficiently conversant with the facts of the case and have also

examined all relevant documents and record in relation thereto.

3. That I say that the accompanying Original Miscellaneous Petition filed

under Section 29A(3) and 29A(4) of the Arbitration and Conciliation Act,

1996, seeking extension of time for disposal of cases before Arbitral

 Tribunal drafted by my counsel under my instructions. I say that the

contents of para 01 to 03 are true and correct to the best of my knowledge

and belief derived from the records and that the contents of para 04 to 05 are

based upon the legal advice received and believed to be true and correct and

the last para, is the prayer clause.

4. That I say that there is no false statement or concealment of any material

facts, documents or record and I have included information that according to

me are relevant for the purpose of the present application/petition.

5. That I say that all the documents in my power and possession, control and

custody pertaining to the facts and circumstances of the pleadings initiated

by me have disclosed and copies thereof annexed with the present

application and I do not have any other documents in my power or

possession, control or custody.

6. I say that the above-mentioned pleadings comprise a total of pages, each

of which may be deemed to be signed by me.

7. I say that the annexure filed along with the application are the true

typed/photocopies of the documents referred to and relied upon by me.

8. I say that I am aware that for any false statement or concealment I shall be

liable for action taken against me under the law.

DEPONENT
Verification: -

Verified at New Delhi on this ______, _____, 2020 that the contents of my above

affidavit are true and correct to my knowledge and belief, no part of it is false and

nothing material has been concealed therefrom.

DEPONENT
 BEFORE THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(ORIGINAL JURISDICTION)
O.M.P. (MISC.)(COMM.) NO. ______OF 2020

IN THE MATTER OF:

Shipra Infratech Private
Limited
...PETITIONER/CLAIMANT

Versus

General Electric T&D India Ltd.

(Formerly Alstom T&D India Pvt. Ltd.) …RESPONDENT

MEMO OF PARTIES

Shipra Infratech Private Limited

Having its registered office at:
502, 5th Floor, Narain Manzil,
Barakhamba Road, New Delhi – 110001
… Petitioner/Claimant
VERSUS

General Electric T&D India Ltd.

(Formerly Alstom T&D India Pvt. Ltd.)
Having its registered office at:
A-18, First Floor, Okhla Industrial Area,
Phase – II, New Delhi, Delhi 110020 … Respondent

THROUGH

CHAMBERS OF JAITLEY AND BAKHSHI

(ADVOCATES FOR THE PETITIONER)
48, TODARMAL ROAD, NEW DELHI-110001
E-MAIL: [email protected]
 BEFORE THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(ORIGINAL JURISDICTION)
O.M.P. (MISC.)(COMM.) NO. ______OF 2020

IN THE MATTER OF:

Shipra Infratech Private
Limited
...PETITIONER/CLAIMANT

Versus

General Electric T&D India Ltd.

(Formerly Alstom T&D India Pvt. Ltd.) …RESPONDENT

AFFIDAVIT

I, Faisal Chisti son of Late Prof. Unwan Chsiti, aged about 40 years,

Authorized Representative of the Claimant Shipra Infratech Private Ltd.

above named, having its Registered Office at 502, 5th Floor, Narain Manzil,

Barakhamba Road, New Delhi – 110001, do hereby solemnly affirm and

state on oath as under:

1. That I am an authorised officer of the Claimant and I am conversant with the

facts of the case and hence competent to swear this affidavit on its behalf.

2. That I have read and understood the contents of the accompanying petition

seeking extension of time under Section 29A, Arbitration and Conciliation

Act, 1996, the same are true and correct being based upon the records of the

case and may kindly be treated as if on this affidavit, the same are not being

repeated herein for the sake of brevity and to avoid prolixity.

 DEPONENT
VERIFICATION

I, Faisal Chisti, the deponent above named, do hereby verify that the contents of

the above affidavit are true and correct to the best of my knowledge and nothing

material has been concealed thereform.

Verified at New Delhi on this the day of May, 2020.

DEPONENT
 BEFORE THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(ORIGINAL JURISDICTION)
I.A. No. of 2020
IN
O.M.P. (MISC.)(COMM.) NO. ______OF 2020

IN THE MATTER OF:

Shipra Infratech Private
Limited
...PETITIONER/CLAIMANT

Versus

General Electric T&D India Ltd.

(Formerly Alstom T&D India Pvt. Ltd.) …RESPONDENT

APPLICATION UNDER SECTION 151 OF THE CODE OF CIVIL

PROCEDURE, 1908 SEEKING EXEMPTION FROM FILING CERTIFIED
COPIES OF THE DOCUMENTS, COURT FEES AND ATTESTATION OF
AFFIDAVITS ALONGWITH SUPPORTING AFFIDAVIT

MOST RESPECTFULLY SHOWETH:

1. That the petitioner alongwith the accompanying Petition under Section 29A

of the Arbitration and Conciliation Act, 1996 has filed copies of the

documents in support of the facts pleaded therein. The contents of the

petition are not reproduced herein for the sake of brevity and may kindly be

read as part and parcel of the present application as well.

2. That due to the urgency in filing of the accompanying petition, the

Petitioners have been unable to get the documents that may be dim or having

improper margin typed and replaced. The Petitioners are therefore filing the
 present application praying for exemption from filing the same and

undertakes to filed the same as and when directed by the Hon'ble Court to do

so.

3. The Petitioner also craves the leave of this Hon'ble Court to allow the

present petition without affixing Court Fees at this stage as the same is not

available yet. The Petitioner undertakes to file the requisite Court Fees as

soon as the prevailing lockdown conditions improve and the Court fees is

available.

4. The Petitioner also seeks the indulgence of this Hon'ble Court to allow the

petition without the attestation of accompanying affidavits due to limited

functioning of Court and non-availability of Notary Public to attest the same.

The Petitioner undertakes to file the Petitions and accompanying affidavits

after due attestation as soon as the same is made possible in the prevailing

conditions.

5. That the Petitioner has a good prima facie case and the balance of

convenience is also in favor of the Petitioner and against the Respondent.

6. That the Petitioner shall suffer grave irreparable injury in case the present

application is not allowed.

PRAYER

In view of the submissions made above, it is most respectfully prayed that

this Hon'ble Court may be pleased to :

a. Exempt the Petitioner from filing the clear and true typed copies of the

annexures/documents that are dim or having improper margin, exempt the

filing of Court Fees and exempt the attestation of petition alongwith

supporting affidavits.

b. Pass any such other order as may be deemed fit and proper in the facts and

circumstances of the present case.

AND FOR THIS ACT OF KINDNESS, THE PETITIONER, AS ARE

DUTY BOUND, SHALL EVER PRAY.

THROUGH

CHAMBERS OF JAITLEY AND BAKHSHI

(ADVOCATES FOR THE PETITIONER)
48, TODARMAL ROAD, NEW DELHI-110001
E-MAIL:
[email protected]
 BEFORE THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(ORIGINAL JURISDICTION)
O.M.P. (MISC.)(COMM.) NO. ______OF 2020

IN THE MATTER OF:

Shipra Infratech Private Limited ...PETITIONER/CLAIMANT

Versus

General Electric T&D India Ltd.

(Formerly Alstom T&D India Pvt. Ltd.) …RESPONDENT

AFFIDAVIT

I, Mr. Faisal Chisti, S/o Late Prof. Unwan Chisti aged about 40 years C/o

Petitioner/ Claimant company and having its registered office at 502, 5th Floor,

Narain Manzil, Barakhamba Road, New Delhi – 110001, do hereby solemnly

affirm and declare as under:

1. That I am authorized representative of the Petitioner/Claimant company

having its registered office at 502, 5th Floor, Narain Manzil, Barakhamba

Road, New Delhi – 110001, authorized vide Power of Attorney dated

08.01.2020 to represent the company in the above petition and as such am

well conversant with the facts thereof and thus am competent to depose and

swear this affidavit.

2. That I have read and understood the contents of the accompanying petition

seeking extension of time under Section 29A, Arbitration and Conciliation

Act, 1996, the same are true and correct being based upon the records of the
 case and may kindly be treated as if on this affidavit, the same are not being

repeated herein for the sake of brevity and to avoid prolixity.

DEPONENT

VERIFICATION

I, the deponent above named, do hereby verify that the contents of the above

affidavit are true and correct to the best of my knowledge and nothing material

has been concealed thereform.

Verified at New Delhi on this the day of _____, 2020

DEPONENT
 BEFORE THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(ORIGINAL JURISDICTION)
O.M.P. (MISC.)(COMM.) NO. ______OF 2020

IN THE MATTER OF:

Shipra Infratech Private Limited ...PETITIONER/CLAIMANT

Versus

General Electric T&D India Ltd.

(Formerly Alstom T&D India Pvt. Ltd.) …RESPONDENT

INDEX-II

S. No. Particulars Court Fees Page No.

1. Index
2. I.A. no. of 2020

Application under section

151 of the Code of Civil
Procedure, 1908 seeking
exemption from filing
certified copies of the
documents, court fees and
attestation of affidavits
alongwith supporting
affidavit

THROUGH

CHAMBERS OF JAITLEY AND BAKHSHI

(ADVOCATES FOR THE PETITIONER)
48, TODARMAL ROAD, NEW DELHI-110001
E-MAIL: [email protected]
 BEFORE THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(ORIGINAL JURISDICTION)
O.M.P. (MISC.)(COMM.) NO. ______OF 2020

IN THE MATTER OF:

Shipra Infratech Private Limited …PETITIONER/CLAIMANT

Versus

General Electric T&D India Ltd.

(Formerly Alstom T&D India Pvt. Ltd.) …RESPONDENT

INDEX-III

S. No. Particulars Court Fees Page No.

1. Index
2. Vakalatnama alongwith
Board Resolution / Power
of Attorney in favor of the
Authorized Representative
of the Petitioner

THROUGH

CHAMBERS OF JAITLEY AND BAKHSHI

(ADVOCATES FOR THE PETITIONER)
48, TODARMAL ROAD, NEW DELHI-110001
E-MAIL: [email protected]
 BEFORE THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI
(ORIGINAL JURISDICTION)
O.M.P. (MISC.)(COMM.) NO. ______OF 2020

IN THE MATTER OF:

Shipra Infratech Private Limited …PETITIONER/CLAIMANT

Versus

General Electric T&D India Ltd.

(Formerly Alstom T&D India Pvt. Ltd.) …RESPONDENT

INDEX-IV

LIST OF DOCUMENTS FILED WITH THE PETITION AS PER ORDER XI

1(2) OF THE COMMERCIAL COURTS, COMMERCIAL DIVISION AND
COMMERCIAL APPELLATE DIVISION OF HIGH COURTS ACT, 2015

Page no. _____ to ______

S. Details of Documents in Original or Mode of Line of Page

No Document(s) power/possession photocopy Execution/ Custody No.
. and parties ,control, custody or office
of copies Issuance or
receipt

1. Index

2. Document A Petitioner Copy Copy Petitioner

Copy of
Power of
Attorney
dated______
in favour of
the Mr.
Faisal Chisti.
3. Document B Petitioner, Copy Copy Petitioner
Respondent
Copy of
Letter dated
27.04.2015

4. Document C. Petitioner, Copy Copy Petitioner

Respondent
Copy of
letter dated
30.10.2015.

5. Document D Petitioner, Copy Copy Petitioner

(colly) Respondent

Copy of
Order dated
06.04.2017
and letter
dated
10.04.2017

6. Document- E Petitioner, Copy Copy Petitioner

(colly) Respondent

Copy of
Letter dated
25.08.2017
and
21.04.2018

7. Document- Petitioner, Copy Copy Petitioner

F(colly) Respondent

Copy of
Letter dated
04.05.2018
an
10.05.2018
8. Document- G Petitioner, Copy Copy Petitioner
Respondent
Copy of
Order dated
10.10.2019

9. Document -H Petitioner, Copy Copy Petitioner

Respondent
Copy of
Order dated
10.02.2020

Note: A separate application for exemption from filing typed copies of

dim and illegible annexures have been filed along with the
present petition since there are certain documents which cannot
be re-typed. In case the Hon'ble Court directs, the Petitioner
will file typed copies of the same. It is therefore requested from
the Registry to list the Petition as it is before the Hon'ble Court,
subject to office objections.

THROUGH

CHAMBERS OF JAITLEY AND BAKHSHI

(ADVOCATES FOR THE PETITIONER)
48, TODARMAL ROAD, NEW DELHI-110001
E-MAIL: [email protected]