M/S Dewan Chand v. Union Of India

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 210/2025 M/S DEWAN CHAND .....Petitioner Through:

Mr. TPS Kang, Advocate versus UNION OF INDIA .....Respondent Through:

Mr Santosh Kumar, Ms Bhavya Tyagi, Advs.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 06.03.2025 I.A. 6097/2025 (Exemption) Allowed, subject to all just exceptions.

O.M.P.(MISC.)(COMM.) 210/2025 1.

This is a petition under Section 29A (4) of the Arbitration & Conciliation Act seeking extension of the mandate of the learned Arbitrator to conclude the arbitration proceedings and pass an arbitral award. 2.

It is stated that disputes arose between the parties and a Sole Arbitrator was appointed to adjudicate upon the disputes between the parties on 24.06.2020.

3.

It is stated that the arbitration proceedings commenced on 24.06.2020. It is stated that pleadings were completed and the mandate of the Arbitrator for was extended from time to time and last of such extension was granted vide Order dated 06.05.2024 for a period of one year from 28.02.2024 till 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 11/03/2025 at 12:07:04

28.02.2025. It is stated that the matter is now at the stage of Respondent's arguments.

4.

It is stated that since the mandate of the Arbitrator has come to an end on 28.02.2025, the Petitioner has filed the present petition seeking extension of mandate of the Arbitrator.

5.

Learned Counsel for the Respondent states that the Respondent has no objection to the extension of mandate of the Arbitrator. 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 fact that the matter is at the stage of Respondent's arguments, this Court is inclined to extend the mandate of the Arbitrator till 31.12.2025 to enable the learned Arbitrator to proceed further and conclude the arbitration proceedings. Further, the period from 28.02.2025 till today is regularized.

8.

The petition is disposed of along with pending application(s), if any. SUBRAMONIUM PRASAD, J MARCH 06, 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 11/03/2025 at 12:07:04