Aditya Birla Capital Limited v. Presidium Educational Charitable Trust And Others
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(MISC.)(COMM.) 791/2025 & I.A. 23761/2025 ADITYA BIRLA CAPITAL LIMITED .....Petitioner Through:
Ms. Nikita Rathi, Mr. Debarshi Dutta and Ms. Manvi Adlakha, Advocates.
versus PRESIDIUM EDUCATIONAL CHARITABLE TRUST AND OTHERS .....Respondents Through:
Mr. Jai Mohan and Mr. Aayush Gupta, Advocates for R-1
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
O R D E R
% 22.09.2025 1.
This petition is filed under Section 29A(4) of the Arbitration and Conciliation Act, 1996 ('the Act') seeking extension of period of arbitral proceedings for one year i.e. till 7th October, 2026. The previous order extending the mandate of the learned Arbitral Tribunal until 7th October 2025 is filed along with the petition (annexed at Document-1 at pages 52 and 53 of the petition) that has been shown by the Applicant's counsel. 2.
The learned counsel for Respondent No. 1 (Presidium Educational Charitable Trust) who appears virtually on advance notice does not oppose the prayer made in the petition.
3.
The Applicant's counsel submits that Respondent No.5 has been proceeded ex parte before the learned Arbitral Tribunal and has also not O.M.P.(MISC.)(COMM.) 791/2025 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 24/09/2025 at 12:58:26
entered appearance before this Court despite advance service. Further, Respondents No.2 to 4 are facing Corporate Insolvency Resolution Process ('CIRP') proceedings before the learned National Company Law Tribunal ('NCLT'). None appears for them, despite advance service to the RP (ashok.arora79@yahoo.com).
4.
The Applicant's counsel also informs that there was a moratorium for proceedings against Respondents No.6 to 9 arising out of personal insolvency proceedings, however, the moratorium has been lifted w.e.f. 8th January, 2025. However, notwithstanding this, Respondent Nos. 6 to 9 have not entered appearance in these proceedings, despite advance service. It has been informed that Respondents No.6 to 9 are also not appearing in the arbitration.
5.
Considering the above submissions, the period for arbitral proceedings before learned Arbitral Tribunal stands extended till 7th October, 2026 for concluding the proceedings and passing the arbitral award. 6.
The petition stands disposed of in above terms. Pending application also stands disposed of.
AMIT BANSAL, J SEPTEMBER 22, 2025 ds O.M.P.(MISC.)(COMM.) 791/2025 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 24/09/2025 at 12:58:26