M S Adesh Borewell And Engineering Service v. Central Ground Water Board

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 124/2025 M S ADESH BOREWELL AND ENGINEERING SERVICE .....Petitioner Through:

Mr. Ajit Sharma, Advocate versus CENTRAL GROUND WATER BOARD .....Respondent Through:

Mr. Vijay Joshi, Mr. Shubham Chaturvedi, Advocates Mr. Himanshu Pathak, Mr. Prashant Sharma, Advocates

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 06.02.2025 I.A. 3180/2025 (Exemption) Allowed, subject to all just exceptions.

O.M.P.(MISC.)(COMM.) 124/2025 1.

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

2.

Material on record indicates that disputes arose between the parties and an Arbitrator has been appointed on 23.10.2023. It is stated that the mandate of the Arbitrator has came to an end on 11.01.2025. 3.

It is stated that the matter is at the stage where the Claimant has to start leading evidence. It is stated that since the mandate of the Arbitral 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 13/02/2025 at 12:50:05

Tribunal has come to an end on 11.01.2025, the Petitioner has approached this Court for extension of time for making the award. 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 facts and circumstances of the case, this Court is inclined to extend the mandate of the Arbitral Tribunal till 31.12.2025 to enable the Arbitral Tribunal to proceed further in the matter. 7.

The petition is disposed of along with the pending applications, if any. SUBRAMONIUM PRASAD, J FEBRUARY 6, 2025 hsk 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 13/02/2025 at 12:50:05