Ebixcash Mobility Software India Limited v. Delhi Transport Corporation

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 208/2025 EBIXCASH MOBILITY SOFTWARE INDIA LIMITED .....Petitioner Through:

Mr. Chitvan Singhal, Ms. Muskan Gupta, Advs.

versus DELHI TRANSPORT CORPORATION .....Respondent Through:

Mr. Rikky Gupta, Standing Counsel DTC and Ms.

Ananya Singh, Advocate

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 06.03.2025 1.

This is a petition under Section 29A (5) 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 under the agreement dated 30.09.2015. It is stated that this Court vide Order dated 19.07.2021 passed in ARB. P. 639/2020 appointed a Sole Arbitrator to adjudicate upon the disputes between the parties.

3.

It is stated that the arbitration proceedings commenced on 07.09.2021. It is stated that since the mandate of the learned Arbitrator came to an end on 29.02.2024, the Petitioner approached this Court for extension of mandate by filing OMP(MISC)(COMM) 276/2024. It is stated that this Court vide 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 12:07:03

Order dated 05.04.2024 extended the mandate of the Arbitrator for a period of one year, i.e., till 28.02.2025. It is stated that the matter is now at the stage of Respondent's evidence.

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 evidence, 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. Furthermore, 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 12:07:03