Kec International Limited v. Clean Solar Power Bhadla Private Limited

$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 890/2025 KEC INTERNATIONAL LIMITED .....Petitioner Through:

Mr. Ankit Jain and Ms. Samriddhi Sanga, Advocates versus CLEAN SOLAR POWER BHADLA PRIVATE LIMITED .....Respondent Through:

Mr. Yash Srivastava, Ms. Naimishi Verma, Advocates

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 30.10.2025 1.

This is a petition under Section 29A (4) & (5) of the Arbitration & Conciliation Act, 1996 seeking extension of mandate of the Arbitral Tribunal for a period of one year for making the arbitral award. 2.

Material on record indicates that disputes arose between the parties under the Engineering, Procurement & Construction Contract dated 20.02.2019.

3.

It is stated that vide Order dated 10.07.2023, Justice Indira Banerjee, former Judge of the Supreme Court of India, was appointed as the Sole Arbitrator to adjudicate upon the disputes between the parties and the arbitration proceedings commenced on 19.07.2023. 4.

It is stated that the pleadings in the arbitration proceedings were completed on 05.02.2024. It is stated that the mandate of the Arbitral 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 01/11/2025 at 11:51:49

Tribunal was extended by this Court till 19.10.2025 vide Order dated 05.05.2025 passed in OMP(MISC)(COMM) 352/2025. 5.

It is stated that since the mandate of the Arbitral Tribunal for making the award has come to an end on 19.10.2025, the Petitioner has approached this Court for extension of time for making the award. 6.

Learned Counsel for the Respondent states that the Respondent does not have any objection to the extension of mandate. 7.

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.

8.

In view of the fact that the matter is at the stage of cross examination of the Petitioner's witnesses, this Court is inclined to extend the mandate of the Arbitral Tribunal till 30.09.2026 so as to enable the Arbitral Tribunal to conclude the arbitration proceedings and pronounce the arbitral award. Further, the period from 19.10.2025 till today is regularized. 9.

The petition is disposed of along with the pending applications, if any. SUBRAMONIUM PRASAD, J OCTOBER 30, 2025 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 01/11/2025 at 11:51:49