Elevar Digitel Infrastructure Private Limited v. Bharat Sanchar Nigam Limited

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 238/2025 ELEVAR DIGITEL INFRASTRUCTURE PRIVATE LIMITED .....Petitioner Through:

Mr. Piyush Sharma, Mr. Aditya N Prasad, Ms. Shweta Singh, Mr.

Pratyush Jain, Mr. Ayushman Singh, Advocates.

versus BHARAT SANCHAR NIGAM LIMITED .....Respondent Through:

Ms. Leena Tuteja, Advocate

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 18.03.2025 I.A. 6895/2025 (Exemption) Allowed, subject to all just exceptions.

O.M.P.(MISC.)(COMM.) 238/2025 1.

This petition under Section 29A(4) & (5) of the Arbitration and Conciliation Act, 1996 has been filed by the Petitioner for extending the mandate of the Arbitral Tribunal.

2.

Material on record indicates that the Petitioner had approached this Court by filing an arbitration petition being ARB.P. 527/2021 for appointment of an Arbitrator and this Court vide Order dated 19.05.2021 constituted an Arbitral Tribunal consisting of a Sole Arbitrator. Material on record indicates that further additional disputes arose between the parties and the same Arbitral Tribunal was constituted by this Court vide Order dated 27.05.2022 passed in ARB.P. 660/2022. The period specified under 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 22/03/2025 at 17:45:58

Section 11 of the Arbitration and Conciliation Act, 1996 was over. The mandate of the Arbitral Tribunal has been extended periodically by this Court and the last of the mandate of the Arbitral Tribunal has been extended by this Court till 27.02.2025 vide Order dated 09.08.2024. The mandate of the Arbitral Tribunal has expired on 27.02.2025. 3.

It is stated that final arguments stands concluded and an Interim Award has already been passed on the aspect of liability. It is stated that Award regarding other aspects is yet to be passed. 4.

Learned Counsel appearing for the Respondent has no objection if the mandate of the Arbitral Tribunal is extended. 5.

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.

6.

In view of the facts of the present case, this Court is inclined to regularize the mandate of the Arbitral Tribunal till today and the mandate is extended till 31.10.2025 so that the Award can be pronounced. 7.

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

SUBRAMONIUM PRASAD, J MARCH 18, 2025 S. Zakir 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 22/03/2025 at 17:45:58