M/S Coslight Infra Company Pvt. Ltd. v. M/S Concept Engineers & ORS.

$~95 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 564/2024 M/S COSLIGHT INFRA COMPANY PVT. LTD. .....Petitioner Through:

Mr. Atul Sharma and Ms. Abhilasha Sharma, Advocates.

versus M/S CONCEPT ENGINEERS & ORS ......Respondents Through:

Ms. Radhika Goel, Advocate for Respondent Nos.1 to 3

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 18.12.2024 I.A. 48860/2024 1.

This application under Sections 151 and 152 CPC has been filed on behalf of the Petitioner seeking directions/clarification of the Judgment dated 05.11.2024 passed in O.M.P. (COMM) No.335/2023. 2.

It is stated that vide Order dated 05.11.2024 passed by this Court two petitions i.e. petition under Section 34 of the Arbitration and Conciliation Act, 1996 and the petition under Section 29A(5) of the Arbitration and Conciliation Act, 1996 have been decided. Vide Order dated 05.11.2024, this Court rejected the petition under Section 34 of the Arbitration and Conciliation Act, 1996. However, the Court has not considered the petition filed under Section 29A(5) of the Arbitration and Conciliation Act, 1996 for extension of mandate of the Arbitral Tribunal. The said fact has now been 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 20/12/2024 at 12:51:37

brought to the notice of this Court by filing the present application. 3.

It is stated by learned Counsel for the Petitioner that the mandate of the Arbitral Tribunal has expired on 01.09.2023. It is stated that the evidence is being recorded by the Arbitral Tribunal.

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.

Accordingly, this Court is inclined to regularize the period from 01.09.2023 till today and further extend the mandate of the Arbitral Tribunal for a further period of one year i.e. till 19.12.2025 so that the award can be pronounced.

6.

The application is disposed of with the consent of the parties. SUBRAMONIUM PRASAD, J DECEMBER 18, 2024 RJ 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 20/12/2024 at 12:51:37