Tejas Network Ltd v. Bharat Broadband Network Ltd

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 145/2025 TEJAS NETWORK LTD .....Petitioner Through:

Ms. Pratishtha Vij, Ms. Khushboo Hora, Advocates versus BHARAT BROADBAND NETWORK LTD .....Respondent Through:

Mr. Chandan Kumar, Mr. Vikram Sharma, Advs.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 14.02.2025 1.

This Petition under Section 29A(4) of the Arbitration and Conciliation Act, 1996 has been filed by the Petitioner for extending the mandate of the Arbitral Tribunal.

2.

Material on record indicates that the Arbitral Tribunal was constituted by this Court vide Order dated 08.08.2022 in a petition being ARB.P. 702/ 2022 filed by the Petitioner. The list of dates indicates that pleadings stood completed on 05.08.2023. It is stated that the period of one year came to an end on 18.05.2024. It is stated that the parties extended the mandate of the Arbitral Tribunal by mutual consent for a period of six months commencing from 19.05.2024 which is recorded in the Order dated 24.02.2024 passed by the Arbitral Tribunal.

3.

It is stated that witnesses of the Claimant are being examined by the 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 19/02/2025 at 12:08:52

Arbitral Tribunal.

4.

Learned Counsel appearing for the Respondent states that he has no objection if the mandate of the Arbitral Tribunal is extended. 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 of the present case, this Court is inclined to extend the mandate of the Arbitral Tribunal till 31.12.2025, so that the award can be pronounced.

7.

The Petition is disposed of, along with the pending applications, if any.

SUBRAMONIUM PRASAD, J FEBRUARY 14, 2025 S. Zakir 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 19/02/2025 at 12:08:52