National Skill Development Corporation v. Kvm Academy Private Limited & ORS.

$~38 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 598/2025 NATIONAL SKILL DEVELOPMENT CORPORATION .....Petitioner Through:

Ms. Mani Gupta, Adv. Mr. Pranav Malhotra. Adv. and Ms. Garima Sharma, Adv.

versus KVM ACADEMY PRIVATE LIMITED & ORS.

.....Respondents Through:

Ms. Akina Sumi, Adv.

Ms. Gandhi, Adv.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 24.09.2025 1.

This is a petition filed under Section 29A (4) and (5) of the Arbitration and Conciliation Act, 1996 seeking extension of the mandate of the Arbitral Tribunal by a period of 12 months from 28.12.2024, for making and publishing the Award.

2.

It is stated that the arguments have already been concluded, and the matter was reserved for the Award when the mandate expired. 3.

Ms. Gandhi, learned counsel for the respondents, has joined through video conferencing mode and states that a reply has been filed. The same is not on record. A copy has been handed over in Court, which is taken on record.

4.

A perusal of the reply shows that the respondent has averred that the petitioner should have approached the District Court and/or challenged the judgment dated 23.07.2025 passed by the learned Judge, 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 15:36:06

Commercial District Court-01 in OMP (I) COMM 1/2025. 5.

Additionally, it is stated that the respondents have already approached the petitioner with a settlement proposal.

6.

I am of the view that both of the grounds raised by the respondent do not merit consideration. The petitioner already approached the Commercial Court, and the Commercial Court, relying on DDA v. Tarachand 2020 SCC OnLine Del 2501, held that the Commercial Court does not have the jurisdiction to try the petition. 7.

The petitioner has chosen to accept the decision and has approached this Court. As regards the settlement proposal, if the same materialises, the application in this regard can always be moved before the Arbitral Tribunal.

8.

The scope of Section 29A of the Arbitration and Conciliation Act, 1996 is only to see whether there has been a delay in making and pronouncing the Award.

9.

A perusal of facts shows that the Arbitral Tribunal has already concluded the proceedings and only the Award needs to be pronounced.

10. The petition is allowed and the mandate of the Arbitral Tribunal is extended up to 6 months from today to conclude the arbitration proceedings.

11. The period from 28.12.2024 till today stands regularized.

12. The petition is disposed of in aforesaid terms. JASMEET SINGH, J SEPTEMBER 24, 2025 / (MS) 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 15:36:06