Delhi High Court - Orders
Aryan Infraheight P Ltd vs Tdi Infrastructure Limited on 17 December, 2024
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~74
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(MISC.)(COMM.) 969/2024
ARYAN INFRAHEIGHT P LTD .....Petitioner
Through: Mr. Parivesh Singh and Mr. Sameer
Chandwani, Advocates.
versus
TDI INFRASTRUCTURE LIMITED .....Respondent
Through: Mr. Sidharth Arora, Advocate.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 17.12.2024 I.A. 48613/2024 (Exemption) Allowed, subject to all just exceptions.
O.M.P.(MISC.)(COMM.) 969/2024
1. This Petition under Section 29A(4) and 29A(5) of the Arbitration and Conciliation Act, 1996, read with Section 7 of the Commercial Courts Act, 2015, has been filed by the Petitioner for extending the mandate of the sole Arbitrator in the Arbitration proceedings which are going on between the parties.
2. Material on record indicates that this Court vide Order dated 21.12.2022 appointed Ms. Sukhbeer Kaur Bajwa, as the Arbitrator, to adjudicate upon the disputes between the parties.
3. It is stated that the mandate of the Arbitrator expired on 10.12.2024
4. It is stated by the learned Counsel for the Petitioner that the matter is at the stage of final arguments and, therefore, the mandate of the Arbitrator be extended for a period of six months.
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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. Accordingly, this Court is inclined to extend the mandate of the Arbitral Tribunal for a further period of six months, i.e. till 10.06.2025, so that the award can be pronounced and no further extension of time would be required by the Tribunal.
7. The Petition is disposed of, along with the pending applications, if any.
SUBRAMONIUM PRASAD, J DECEMBER 17, 2024 Rahul 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 03/01/2025 at 23:27:06