M S Tata Projects Limited v. Oil And Natural Gas Corporation Limited

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 200/2025 M S TATA PROJECTS LIMITED .....Petitioner Through:

Ms. Pratiksha Jalan, Ms. Vibhuti Keny, Ms.

Sushma Nagaraj, Advocates versus OIL AND NATURAL GAS CORPORATION LIMITED .....Respondent Through:

Mr. Sandeep Kumar Mahapatra Mr.

Tribhuvan, Mr. Ishaan Malhotra, Advocates

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 04.03.2025 I.A. 5789/2025 (Exemption) Allowed, subject to all just exceptions O.M.P.(MISC.)(COMM.) 200/2025 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 indicates that the disputes have arisen between the parties under the Agreement dated 01.02.2017 which was awarded to the Petitioner for carrying out the work of "Madanam CPF and Pipelines Project - Cauvery Asset". It is stated that since the disputes have arisen between the O.M.P.(MISC.)(COMM.) 200/2025 Page 1 of 2 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 16:29:26

parties under the said Agreement, the Arbitral Tribunal was constituted for adjudicating the disputes which have arisen between the parties. 3.

It is stated that the pleadings were completed on 06.03.2021. 4.

It is stated that the mandate of the Arbitral Tribunal was extended from time to time and last such extension was granted by this Court on 06.12.2024 and 20.12.2024. It is stated that since the time period for making the award has already expired on 28.02.2025, the Petitioner has approached this Court for extension of time for making the award. 5.

It is stated by the learned Counsel for the Petitioner that the arguments were concluded and the draft Award stands circulated and only the Award needs to be pronounced.

6.

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.

7.

In view of the above, this Court is inclined to extend the mandate of the Arbitral Tribunal till 30.06.2025 so that the Award can be pronounced and no further extension of time would be required by the Tribunal. 8.

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

SUBRAMONIUM PRASAD, J MARCH 04, 2025 RJ O.M.P.(MISC.)(COMM.) 200/2025 Page 2 of 2 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 16:29:26