Transstroy Dindigul-Theni-Kumail Tollsway Pvt Ltd v. National Highway Authority Of India

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 1006/2025 TRANSSTROY DINDIGUL-THENI-KUMAIL TOLLSWAY PVT LTD .....Petitioner Through:

Ms. Bina Gupta, Mr. Shiv Vinayak Gupta, Ms.

Anushka Rawal, Advocates versus NATIONAL HIGHWAY AUTHORITY OF INDIA.....Respondent Through:

Mr. Suvir Sharma, Ms. Anushka Nayyar, Mr. Syed Meesam Asghar, Ms. Kashish Mewara, Mr. Charchit Talwar, Ms.

Khushboo Sharma, Advs.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 11.12.2025 I.A. 31000/2025 (Exemption) Allowed, subject to all just exceptions.

O.M.P.(MISC.)(COMM.) 1006/2025 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 26.11.2019. The mandate of the Arbitral Tribunal was extended from time to time and the last such extension was granted by this Court vide 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 16/12/2025 at 12:55:06

Order dated 07.01.2025 in O.M.P.(MISC.)(COMM.) 1014/2024 by which the mandate of the Arbitral Tribunal was extended till 09.12.2025. It is stated that since the mandate of the learned Arbitral Tribunal has expired, the present petition has been filed for extending the mandate of the Arbitral Tribunal.

3.

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.

4.

In view of the facts of the present case, this Court is inclined to regularize the period from 09.12.2025 till today and extend the mandate of the Arbitral Tribunal till 30.06.2026, so that the award can be pronounced. 5.

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

SUBRAMONIUM PRASAD, J DECEMBER 11, 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 16/12/2025 at 12:55:06