Cnh Industrial Capital (India) Private Limited v. M/S. S N Motors & ORS.

$~23 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 360/2025 CNH INDUSTRIAL CAPITAL (INDIA) PRIVATE LIMITED .....Petitioner Through:

Mr. Shubham Gupta, Adv., Ms.

Anushka Dagar, Adv.

versus M/S. S N MOTORS & ORS.

.....Respondents Through:

Mr. Anuj Raj, Adv.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 25.09.2025 1.

This is a petition filed under Section 29A (4) & (5) of the Arbitration and Conciliation Act, 1996 ('the Act')seeking extension of the mandate of the Arbitral Tribunal by a period of 12 months for completion of the arbitral proceedings and publishing the Award.

2.

It is stated that the delay was on account of numerous applications filed by the respondents and two dates of evidence were also cancelled due to the inability of the respondents to participate in cross-examination. 3.

Mr. Raj, learned counsel for the respondent No. 1, 2 & 3 has joined through VC and states that a Memo has been filed. However, the same is not on record.

4.

A copy has been e-mailed to the Court Master and a printout has been taken.

5.

The Memo is taken on record.

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 04/10/2025 at 15:36:05

6.

As per the Memo of the respondents, it is stated that: a) The Arbitrator has refused to frame issues suggested by the respondents.

b) There is complaint under Section 138 of the Negotiable Instruments Act, 1881 on the same cause of action, and the Arbitrator has refused to stay the arbitration proceedings till the pendency of the Criminal Complaint bearing No.6898/2022.

c) There is bias.

7.

A perusal of the Memo of the respondents shows that the respondents are opposing the extension of time on the basis of the merits of the arbitral disputes. However, under Section 29A of the Act, it is not for the Court to dwell on the merits of the matter.

8.

I am of the view that the jurisdiction of this Court under Section 29A of the Act is only limited to see if satisfactory reasons have been detailed for seeking extension of time.

9.

Granting liberty to the respondents to raise all these objections at the appropriate stage, if required, the petition is allowed. 10.

The merits of the objections of the respondents are left open and the mandate of the Arbitrator is extended by a period of 12 months from today to make and publish the award.

11.

The period from 05.04.2025 till today stands regularized. 12.

The petition is disposed of in the aforesaid terms. JASMEET SINGH, J SEPTEMBER 25, 2025/DM 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 04/10/2025 at 15:36:05