Delhi High Court - Orders
Kumar Guest House Pvt Ltd vs Oravel Stays Ltd & Anr on 6 February, 2025
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~48
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(MISC.)(COMM.) 121/2025
KUMAR GUEST HOUSE PVT LTD .....Petitioner
Through: Mr. Gaurav Raj Grover, Advocate
versus
ORAVEL STAYS LTD & ANR ......Respondents
Through: Mr. Chaitanya Kaushik, Ms. Seema
Mehta, Mr. Saurabh Pal, Advs.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 06.02.2025
I.A. 3078/2025 (Exemption)
Allowed, subject to all just exceptions.
O.M.P.(MISC.)(COMM.) 121/2025 & I.A. 3079/2025
1. This is a petition under Section 29A (4) & (5) of the Arbitration & Conciliation Act, 1996 seeking extension of mandate of the learned Sole Arbitrator for making the arbitral award.
2. It is stated that an arbitral tribunal was constituted to adjudicate upon the disputes between the parties. It is state that the pleadings were completed on 01.07.2023 and the final arguments are underway.
3. The mandate of the Arbitrator was mutually extended till 01.01.2024. It is stated that since the mandate of the Sole Arbitrator for making the award has come to an end on 01.01.2025, the Petitioner has approached this Court for extension of time for making the award.
This is a digitally signed order.
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4. Learned Counsel for the Respondent submits that the Respondent has no objection for the extension of the mandate.
5. The Apex Court in Rohan Builders (India) Private Limited v. Berger Paints India Limited, 2024 SCC OnLine SC 2494, has held that an application for extension of the time period for passing an arbitral award under Section 29A(4) read with Section 29A(5) is maintainable even after the expiry of the twelve-month or the extended six-month period, as the case may be.
6. In view of the fact that final arguments are underway, this Court is inclined to extend the mandate of the Sole Arbitrator till 31.07.2025 so that arguments are concluded and the Award can be pronounced and no further extension of time would be required by the Arbitrator. Further, the period from 01.01.2025 till today is regularised.
7. The petition is disposed of along with the pending applications, if any.
SUBRAMONIUM PRASAD, J FEBRUARY 6, 2025 hsk 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 28/02/2025 at 23:57:56