Mbl Infrastructure Ltd v. Telecommunication Consultants India Limited

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 18/2025 MBL INFRASTRUCTURE LTD .....Petitioner Through:

Ms. Anusuya Salwan, Mr. Rachit Wadhwa, Mr. Bankim Garg, Advs.

versus TELECOMMUNICATION CONSULTANTS INDIA LIMITED .....Respondent Through:

Mr. Nikhilesh Krishnan, Ms.Ritika Priya, Mr. Abhishek Bhushan Singh, Advs.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 10.01.2025 I.A. 409/2025 (Exemption) Allowed, subject to all just exceptions.

O.M.P.(MISC.)(COMM.) 18/2025 1.

This is a petition under Section 29A (4) & (5) of the Arbitration & Conciliation Act, 1996 seeking extension of mandate of the Arbitral Tribunal for making the arbitral award.

2.

Material on record discloses that to adjudicate on the disputes between the parties, Arbitral Tribunal was constituted on 17.01.2022 by the Apex Court in SLP (C) No.7708/2015. Pleadings were completed on 18.05.2023 and the term of one year of the Tribunal expired on 18.05.2024. The mandate of the Tribunal was extended till 18.11.2024 by way of mutual 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 01/07/2025 at 16:32:09

consent. It is stated that the matter is at the final stage. The Petitioner has, therefore, approached this Court for extension of time for making the award. 3.

It is stated by the learned Counsel for the Respondent that there are certain allegations on the conduct of the Respondent in the pleadings and, therefore, that portion be eschewed.

4.

The portion in the petition containing allegations on the conduct of the Respondent are eschewed from the pleadings. 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 the matter is at the final stage, this Court is inclined to extend the mandate of the Arbitral Tribunal till 01.09.2025 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 JANUARY 10, 2025 Rahul 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 01/07/2025 at 16:32:09