M/S Pele Khezhie v. National Highways And Infrastructure Development Corporation Limited
$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 885/2025 M/S PELE KHEZHIE .....Petitioner Through:
Ms. Amrita Panda, Ms. Anauntta Shankar, Advocates versus NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED .....Respondent Through:
Mr. Aditya Chandra and Mr. Utkarsh Bhanu, Advs.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R
% 29.10.2025 I.A. 26625/2025 (Exemption) Allowed, subject to all just exceptions.
O.M.P.(MISC.)(COMM.) 885/2025 1.
This is a petition under Section 29A (4) & (5) of the Arbitration & Conciliation Act, 1996 seeking extension of mandate of the learned Sole Arbitrator for a period of nine months for making the arbitral award. 2.
Material on record indicates that disputes arose between the parties under the Engineering, Procurement and Construction Agreement dated 05.09.2020.
3.
The Petitioner approached this Court by filing Arbitration Petition No.840/2023 and this Court vide Order dated 21.08.2023 appointed Hon'ble Ms. Justice Mukta Gupta, a former Judge of this Court as the Sole Arbitrator The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
to adjudicate upon the disputes between the parties and the arbitration proceedings commenced on 15.01.2024.
4.
It is stated that the pleadings in the arbitration proceedings were completed on 17.04.2024. It is stated that the mandate of the learned Arbitrator was extended for a period of six months by mutual consent of the parties till 17.10.2025.
5.
It is stated that since mandate of the Arbitral Tribunal for making the award has come to an end on 17.10.2025, the Petitioner has approached this Court for extension of time for making the award. 6.
It is stated by the learned Counsel for the Petitioner that additional time of at least nine months would be required for making the Arbitral Award.
7.
Learned Counsel for the Respondent states that the Respondent does not have any objection to the extension of mandate. 8.
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.
9.
In view of the fact that substantial proceedings have been conducted before the learned Arbitrator inasmuch as the evidence has been concluded and the matter is at the stage of final arguments, this Court is inclined to extend the mandate of the learned Sole Arbitrator till 30.06.2026 so that the Award can be pronounced after hearing the parties. Further, the period from 17.10.2025 till today is regularized.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
10.
The petition is disposed of along with the pending applications, if any. SUBRAMONIUM PRASAD, J OCTOBER 29, 2025 hsk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.