Deep Industries Limited v. Konkan Lng Limited

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 162/2025 DEEP INDUSTRIES LIMITED .....Petitioner Through:

Mr. Shubham Kulshrestha and Mr.

Satya Rath, Advocates.

versus KONKAN LNG LIMITED .....Respondent Through:

Mr. Yoginder Handoo and Ms.

Medha Gaur, Advocates.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 20.02.2025 I.A. 4559/2025 Allowed, subject to all just exceptions.

O.M.P.(MISC.)(COMM.) 162/2025 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 vide Order dated 20.07.2021, Hon'ble Mr. Justice S. K. Agarwal (Retd.), was appointed as the Sole Arbitrator to adjudicate on the disputes between the parties. The mandate of the Arbitral Tribunal was extended from time to time. The last such extension was granted by this Court vide Order dated 27.05.2024 by which the mandate of the Arbitral Tribunal was extended till 31.12.2024. It is stated that the matter is at the stage of final hearing. The Petitioner has, therefore, approached this Court for extension of time for making the award. 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 16:32:01

3.

The Respondent has no objection to the extension of the mandate of the learned Arbitrator.

4.

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.

5.

In view of the fact that the matter is at the advance stage, this Court is inclined to extend the mandate of the Arbitral Tribunal till 30.10.2025 with effect from 31.12.2024 so that the Award can be pronounced and no further extension of time would be required by the Tribunal. 6.

The petition is disposed of along with the pending applications, if any. SUBRAMONIUM PRASAD, J FEBRUARY 20, 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 16:32:01