Afcons Infrastructure Limited v. Ircon International Limited

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 27/2025 AFCONS INFRASTRUCTURE LIMITED .....Petitioner Through:

Mr. Abhishek Birthray and Mr. Nikhil Sharma, Advocates.

versus IRCON INTERNATIONAL LIMITED .....Respondent Through:

Mr. Mohit Goel, Mr. Sidhant Goel and Mr. Karmanya Dev Sharma, Advocates.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 13.01.2025 I.A. 623/2025 (Exemption) Allowed, subject to all just exceptions.

O.M.P.(MISC.)(COMM.) 27/2025 1.

This Petition under Section 29A(4) 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 the two Arbitrators were appointed by this Court on 01.11.2022 in a petition being ARB. P. 891/2022 filed by the Petitioner to adjudicate upon the disputes between the parties. It is stated that the two appointed Arbitrators then appointed a Presiding Arbitrator on 08.12.2022 and the Arbitral Tribunal stood constituted. The mandate of the Arbitral Tribunal has expired on 09.01.2025.

3.

It is stated that the arbitration proceedings are at the stage of final 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 14:54:28

arguments.

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 extend the mandate of the Arbitral Tribunal for a period of nine months from 09.01.2025, so that the award can be pronounced. 6.

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

SUBRAMONIUM PRASAD, J JANUARY 13, 2025 S. Zakir 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 14:54:28