Goverdhan Transport Co Pvt Ltd v. Government Of NCT Of Delhi

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 228/2025 GOVERDHAN TRANSPORT CO PVT LTD .....Petitioner Through:

Mr. Aditya Garg, Adv.

versus GOVERNMENT OF NCT OF DELHI .....Respondent Through:

Mr Sameer Vashisht with Ms Harshita Nathrani Advocates

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 12.03.2025 I.A. 6636/2025 (Exemption) Allowed, subject to all just exceptions.

O.M.P.(MISC.)(COMM.) 228/2025 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 this Court vide Order dated 30.05.2017 in O.M.P. (T.) (COMM.) 46/2017 appointed Mr. Justice Kailash Gambhir (Retd.), as the Sole Arbitrator to adjudicate on the disputes between the parties. The mandate of the Arbitral Tribunal is being extended from time to time. The last such extension was granted by this Court vide Order dated 14.02.2024 in O.M.P. (MISC.) (COMM.) 102 of 2024 by which the mandate of the learned Arbitrator was extended till 14.02.2025. It is 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 01/04/2025 at 14:38:11

stated that the proceedings are at the stage of final hearing. The Petitioner has, therefore, approached this Court seeking extension of the mandate of the Arbitrator.

3.

Learned Counsel appearing for the Respondent on advance notice states that the Respondent does not have any objection to the present Petition.

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 an advance stage, this Court is inclined to regularize the mandate of the Arbitral Tribunal till today and the mandate is extended till 30.11.2025 so that the Award can be pronounced. 6.

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

SUBRAMONIUM PRASAD, J MARCH 12, 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 01/04/2025 at 14:38:11