Alstom Transport India Ltd Formerly Known As Alstom Systems India Pvt Ltd v. Dedicated Freight Corridor Corporation Of India Ltd
$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 989/2025 & I.A. 30190/2025 ALSTOM TRANSPORT INDIA LTD FORMERLY KNOWN AS ALSTOM SYSTEMS INDIA PVT LTD .....Petitioner Through:
Mr.
Siddharth Mehra and Ms.
Pratiksha Dwivedi, Advocates versus DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA LTD .....Respondent Through:
Ms. Smarika Singh and Mr. Jasneet Jolly, Advocates
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R
% 03.12.2025 I.A. 30189/2025 (Exemption) Allowed, subject to all just exceptions.
O.M.P.(MISC.)(COMM.) 989/2025 1.
The present petition under Section 29A(4) & (5) of the Arbitration and Conciliation Act, 1996 has been filed by the Petitioner for extending the mandate of the Arbitral Tribunal.
2.
Material on record indicates that an Arbitral Tribunal was constituted on 21.12.2018. It is stated that the mandate of the Arbitral Tribunal was being extended from time to time and the last such extension was granted by this Court vide Order dated 31.05.2025 in OMP (MISC.) (COMM.) 470/2024 till 30.11.2025. 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 10/12/2025 at 12:53:10
Tribunal has expired on 30.11.2025, and therefore, the present petition has been filed for extending the mandate of the Arbitral Tribunal. 3.
It is stated that there are various arbitral proceedings arising out of the same dispute and, therefore, the arbitration is still at the stage of pleadings. 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 facts of the present case, this Court is inclined to regularize the period from 30.11.2025 till today and extend the mandate of the Arbitral Tribunal till 31.10.2026, so that the award can be pronounced. 6.
The petition is disposed of, along with the pending applications, if any.
SUBRAMONIUM PRASAD, J DECEMBER 3, 2025 Rahul 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 10/12/2025 at 12:53:10