Bitchem Asphalt Technologies Ltd v. Csir-Central Road Research Institute

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 879/2024 BITCHEM ASPHALT TECHNOLOGIES LTD .....Petitioner Through:

Mr. Uttam Datt, Ms. Sonakshi Singh, Mr. Kumar Bhaskar, Advs.

versus CSIR-CENTRAL ROAD RESEARCH INSTITUTE .....Respondent Through:

Mr. Bhuvanesh Satija, Mr. Udit Sharma, Mr.

Aniket Khanduri, Advocates

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 12.11.2024 I.A. 44737/2024 (Exemption) Allowed, subject to all just exceptions.

O.M.P.(MISC.)(COMM.) 879/2024 1.

This is a petition under Section 29A of the Arbitration & Conciliation Act, 1996 seeking extension of mandate of the Arbitral Tribunal for a period of six months for rendering the arbitral award. 2.

Material on record indicates that the Arbitral Tribunal entered reference on 05.04.2024. It is stated that the mandate of the Arbitral Tribunal was extended by this Court for a period of six months on 05.04.2024. It is stated that the matter was taken up for final arguments which went on till 17.09.2024 and therefore the Petitioner has approached this Court for extension of time for rendering the award. 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 18/11/2024 at 12:22:10

3.

It is stated by the learned Counsel for the Petitioner that additional time of at least six months would be required for rendering the Arbitral Award.

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 above, this Court is inclined to extend the mandate of the Arbitral Tribunal for a further period of six months so that the Award can be pronounced and no further extension of time would be required by the Tribunal.

6.

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

SUBRAMONIUM PRASAD, J NOVEMBER 12, 2024 hsk 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 18/11/2024 at 12:22:10