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High Court of DelhiO.M.P.(MISC.)(COMM.)/904/2024

Dalmia Family Office Trust & ANR. v. Almond Infrabuild Private Limited & ORS.

2024-11-25Hon'Ble Mr. Justice Subramonium Prasad2 pages

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 904/2024 DALMIA FAMILY OFFICE TRUST & ANR.

.....Petitioners Through:

Mr. Ajay Bhargava, Ms. Wamika Trehan and Ms. Radhika Khanna, Advocates.

versus ALMOND INFRABUILD PRIVATE LIMITED & ORS.

.....Respondent Through:

Mr. Kartik Nayar, Advocate.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 25.11.2024 1.

This is a petition under Section 29A(5) of the Arbitration & Conciliation Act, 1996 seeking extension of mandate of the Arbitral Tribunal for rendering the arbitral award in nine separate reference. 2.

Material on record indicates that vide Order dated 20.11.2024, this Court had directed the Petitioner to file a single petition for extending the mandate of nine separate arbitration proceedings, however, the Petitioners have to pay nine separate sets of court fee.

3.

Learned Counsel for the Petitioner states that the Order dated 20.11.2024 has been complied with and nine separate court fee has been paid by the Petition.

4.

It is stated that the Arbitral Tribunal was constituted on 13.01.2021. It is stated that last mandate of the Arbitral Tribunal was extended by this 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 29/11/2024 at 12:54:19

Court vide Order dated 17.11.2023 for a period of one year. It is stated that since the time period for making the award has expired on 17.11.2024, the Petitioner has approached this Court seeking extension of time for a period of one year.

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.

Accordingly, this Court is inclined to extend the mandate of the Arbitral Tribunal for a further period of one year from today. 7.

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

SUBRAMONIUM PRASAD, J NOVEMBER 25, 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 29/11/2024 at 12:54:19