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High Court of DelhiO.M.P. (MISC.)/39/2025

Parasramka Holdings Pvt. Ltd. v. Ambience Pvt. Ltd.

2025-12-05Hon'Ble Mr. Justice Subramonium Prasad3 pages

$~63 to 65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (MISC.) 37/2025 M/S MILI MARKETING PVT. LTD.

.....Petitioner Through:

Mr. N.P. Singh, Mr. Barun Dey, Mr.

Mayank Gupta & Mr. Vedant Rawat, Advocate versus M/S AMBIENCE PVT. LTD.

.....Respondent Through:

Mr. P. K. Agrawal, Mr Akshay Chitkara, Ms.

Sanjoli Gupta, Advocates + O.M.P. (MISC.) 38/2025 MORAN PLANTATION PVT. LTD.

.....Petitioner Through:

Mr. N.P. Singh, Mr. Barun Dey, Mr.

Mayank Gupta & Mr. Vedant Rawat, Advocate versus AMBIENCE PVT. LTD.

.....Respondent Through:

Mr. P. K. Agrawal, Mr Akshay Chitkara, Ms.

Sanjoli Gupta, Advocates + O.M.P. (MISC.) 39/2025 PARASRAMKA HOLDINGS PVT. LTD.

.....Petitioner Through:

Mr. N.P. Singh, Mr. Barun Dey, Mr.

Mayank Gupta & Mr. Vedant Rawat, Advocate versus AMBIENCE PVT. LTD.

.....Respondent Through:

Mr. P. K. Agrawal, Mr Akshay Chitkara, Ms.

Sanjoli Gupta, Advocates

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

O R D E R

% 05.12.2025 I.A. 30424/2025 in O.M.P. (MISC.) 37/2025 (Exemption) I.A. 30425/2025 in O.M.P. (MISC.) 38/2025 (Exemption) I.A. 30426/2025 in O.M.P. (MISC.) 39/2025 (Exemption) Allowed, subject to all just exceptions.

O.M.P. (MISC.) 37/2025, O.M.P. (MISC.) 38/2025 & O.M.P. (MISC.) 39/2025 1.

The present petitions under Section 29A(4) & (5) of the Arbitration and Conciliation Act, 1996 have been filed by the Petitioners seeking an extension of the mandate of the Arbitral Tribunal. 2.

Material on record indicates that since the disputes have arisen between the parties, a Civil Suit bearing no. CS (OS) 126/2017 for a recovery of Rs.3,52,49,060/- was filed in this Court. In the said civil suit, pursuant to an application filed under Section 8 of the Arbitration Act, the parties were referred to arbitration. The learned Arbitrator entered into reference on 25.09.2017. Thereafter, the arbitration proceedings commenced and continued with regular extensions granted by this Court in pursuance of applications filed Section 29A(4) & (5) of the Arbitration Act. Last of the mandate of the Arbitral Tribunal was extended by this Court from 06.08.2025 up to 01.12.2025 in O.M.P. (MISC.) 25/2025. 3.

It is stated by learned Counsel for the Petitioners that there are claims and counter-claims for which separate references have been made, however both the references were clubbed and are being heard together by the learned Sole Arbitrator. Therefore, the instant Petitions are for the extension of mandate of the Arbitral Tribunal in both the reference as well as the counterreference preferred by the parties herein.. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

It is stated that the final arguments have been concluded and the parties are awaiting the pronouncement of the Award. 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.

In view of the above, this Court is inclined to regularize the period from 01.12.2025 till today in all the three Petitions and extend the mandate of the Arbitral Tribunal till 30.04.2026, so that the Award can be pronounced.

7.

It is made clear that this Order is only confined to the request for extending the mandate of the Arbitral Tribunal and all the allegations/averments made against the Respondent in the present petition regarding its conduct or otherwise stand eschewed. 8.

The petitions are disposed of, along with the pending applications, if any.

SUBRAMONIUM PRASAD, J DECEMBER 5, 2025 Prateek The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.