M/S Shivhare Roadlines v. Container Corporation Of India Ltd

$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 546/2025 M/S SHIVHARE ROADLINES .....Petitioner Through:

Mr. Avneesh Garg, Advocate.

versus CONTAINER CORPORATION OF INDIA LTD .....Respondent Through:

Mr. R.K. Joshi, Mr. Ojusya Joshi, Ms.

Shabnam Joshi, Advocates

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 21.07.2025 1.

This Petition under Section 29A of the Arbitration and Conciliation Act, 1996 has been filed by the Petitioner for extending the mandate of the Arbitrator.

2.

Material on record indicates that the Respondent had appointed the Petitioner as a contractor for hiring equipment for operations at the Bhusawal Terminal. Dispute arose between the parties and arbitration proceedings were initiated. This Court vide Order dated 22.10.2021 passed in O.M.P. (T) (Comm) 85/2019 had terminated the mandate of the erstwhile Arbitrator and appointed a fresh Arbitrator for adjudication of disputes between the parties. 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. The mandate of the Arbitrator 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 25/07/2025 at 12:09:18

came to an end on 18.02.2025.

3.

Learned Counsel appearing for the Respondent states that he has no objection to the extension of the mandate of the Arbitrator. 4.

It is stated that the Respondent has commenced its arguments before the Arbitrator.

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 extend the mandate of the Arbitrator for a period of six months i.e., till 31.01.2026, so that the award can be pronounced.

7.

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

SUBRAMONIUM PRASAD, J JULY 21, 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 25/07/2025 at 12:09:18