Delhi High Court - Orders
Nephrocare Health Service Pvt. Ltd vs Nayati Healthcare And Research Private ... on 3 December, 2025
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (MISC.) 21/2025 & I.A. 21985/2025
NEPHROCARE HEALTH SERVICE PVT. LTD. .....Petitioner
Through: Mr. Davinder N. Grover, Ms. Vijay
Laxmi Grover, Mr. Gursimran Singh
Rekhi, Advocates.
versus
NAYATI HEALTHCARE AND RESEARCH PRIVATE LIMITED
& ANR. .....Respondent
Through: Mr. Abhishek Anand, Mr. Karan
Kohli, Ms. Palak Kalra and Mr. Rajat
Gupta, Advocates for RP of R-1
Mr. Sumanta De, Mr. Rohit Khurana,
Ms. Akshara Santhosh, Advocates.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 03.12.2025
1. The present petition under Section 29A of the Arbitration and Conciliation Act, 1996 has been filed by the Petitioner for extending the mandate of the Arbitral Tribunal.
2. The Arbitral Tribunal was constituted by this Court vide Order dated 11.09.2019 passed in O.M.P. (I) (COMM) No. 289 of 2019. It is stated that after completion of pleadings since the award could not be delivered within the period of one year, the parties mutually consented to the extension of the mandate of the Arbitral Tribunal, which came to an end on 30.11.2022. Thereafter, mandate of the Arbitral Tribunal was extended from time to time 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 04/12/2025 at 21:42:59 and the last of the mandate of the Arbitral Tribunal was extended by this Court till 09.06.2025. The mandate of the Arbitral Tribunal has expired on 09.06.2025, and therefore, the present petition has been filed.
3. It is stated by the learned Counsel for the Petitioner that final arguments stand concluded, however, certain applications are pending adjudication.
4. It is further brought to the attention of this Court that before the Award could be pronounced, CIRP proceedings were initiated against Respondent No.1. Though, it is stated by the learned Counsel for RP of Respondent No.1 that resolution plan has been approved, this Court is not making any comment on the issue at this juncture since this Court, in the present petition, is only concerned with the extension of the mandate of the Arbitral Tribunal.
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 only the Award is to be pronounced and certain applications are pending adjudication before the Arbitral Tribunal, this Court is inclined to regularize the period from 09.06.2025 till today and extend the mandate of the Arbitral Tribunal till 31.08.2026, so that the award can be pronounced.
7. The petition is disposed of, along with the pending applications, if any.
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 04/12/2025 at 21:42:59
8. In the meantime, depending upon the status of the proceedings before the NCLT, it is open for the parties to move appropriate application(s) before the Arbitral Tribunal, which would be for the Arbitral Tribunal to decide on merits.
SUBRAMONIUM PRASAD, J DECEMBER 3, 2025 S. Zakir 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 04/12/2025 at 21:42:59