M/S National Commodities Management Services Limited v. Gauri Shankar Rice Mill And ANR.

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 1013/2024 M/S NATIONAL COMMODITIES MANAGEMENT SERVICES LIMITED .....Petitioner Through:

Mr. Vishal Bhatnagar, Ms. Reena Khunger, Ms. Lata Walia, Mr. Sahil Vidhuri, Ms. Rani Yadav Advocates versus GAURI SHANKAR RICE MILL AND ANR ......Respondents Through:

Mr. K B Upadhyay, Ms Kalpana & Ms Preeti Singh, Advocates

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 09.01.2025 1.

This Petition under Section 29A(4) and 29A(5) of the Arbitration and Conciliation Act, 1996 has been filed by the Petitioner for extending the mandate of the Sole Arbitrator.

2.

Material on record indicates that this Court vide Order dated 11.08.2021 had appointed Sh. J. R. Midha (Retd. Justice), as the Arbitrator, to adjudicate upon the disputes between the parties. 3.

It is stated that the mandate of the Arbitrator has expired on 30.11.2024 4.

It is stated by the learned Counsel for the Petitioner that the matter is at the stage of evidence and, therefore, the mandate of the Arbitrator be extended for a period of three months.

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 24/01/2025 at 14:25:22

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, so that the award can be pronounced and no further extension of time would be required by the Tribunal.

7.

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

SUBRAMONIUM PRASAD, J JANUARY 09, 2025 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 24/01/2025 at 14:25:22