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High Court of DelhiO.M.P.(MISC.)(COMM.)/446/2025

Telecommunications Consultants India Ltd v. M/S Radhika Engineering Co.

2025-07-233 pages

$~6 to 8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 445/2025 & I.A. 14325/2025 TELECOMMUNICATIONS CONSULTANTS INDIA LTD .....Petitioner Through:

Mr. Nikhilesh Krishnan, Advocate versus M/S RADHIKA ENGINEERING CO .....Respondent Through:

Mr. Shubhendu Anand, Mr. Piyush M Dwivedi, Mr. Shoeb Hasan Khan, Mr Pradosh Shetty, Mr Rishabh, Advs.

+ O.M.P.(MISC.)(COMM.) 446/2025 & I.A. 14330/2025 TELECOMMUNICATIONS CONSULTANTS INDIA LTD .....Petitioner Through:

Mr. Nikhilesh Krishnan, Advocate versus M/S RADHIKA ENGINEERING CO.

.....Respondent Through:

Mr. Shubhendu Anand, Mr. Piyush M Dwivedi, Mr. Shoeb Hasan Khan, Mr Pradosh Shetty, Mr Rishabh, Advs.

+ O.M.P.(MISC.)(COMM.) 447/2025 & I.A. 14333/2025 TELECOMMUNICATIONS CONSULTANTS INDIA LTD.

.....Petitioner Through:

Mr. Nikhilesh Krishnan, Advocate versus The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

M/S RADHIKA ENGINEERING CO.

.....Respondent Through:

Mr. Shubhendu Anand, Mr. Piyush M Dwivedi, Mr. Shoeb Hasan Khan, Mr Pradosh Shetty, Mr Rishabh, Advs.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 23.07.2025 1.

The present petitions under Section 29A(4) and (5) of the Arbitration and Conciliation Act, 1996 have been filed by the Petitioner for extending the mandate of the Sole Arbitrator.

2.

Material on record indicates that the Arbitrator was appointed by this Court on 28.05.2024. Since the Arbitrator was a substituted Arbitrator, the period of one year came to an end on 31.12.2024. The parties mutually agreed for extending the mandate of the Arbitrator for a period of six months as provided under Section 29A of the Arbitration and Conciliation Act, 1996 i.e., till 30.06.2025.

3.

It is stated that evidence is being led before the Arbitrator by the Respondent/Claimant.

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 facts of the present case, this Court is inclined to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

regularize the period from 30.06.2025 till today and extend the mandate of the Arbitrator till 31.03.2026, so that the award can be pronounced. 6.

It is made clear that all the allegations/averments made against the Respondent in the present petitions, except those which are essential for the purpose of extending the mandate, stands expunged. 7.

The Petitions are disposed of, along with the pending applications, if any.

SUBRAMONIUM PRASAD, J JULY 23, 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.