Afcons Infrastructure Limited v. Ircon International Limited

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 29/2025 AFCONS INFRASTRUCTURE LIMITED .....Petitioner Through:

Mr. Abhishek Birthray, Mr. Nikhil Sharma and Ms. Aiswarya Sahu, Advs.

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

Mr. Mohit Goel, Mr. Sidhant Goel, Mr. Karmanya Dev Sharma, Advs.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 14.01.2025 I.A. 690/2025 (Exemption) Allowed, subject to all just exceptions.

O.M.P.(MISC.)(COMM.) 29/2025 1.

This is a petition under Section 29A (4) & (5) of the Arbitration & Conciliation Act, 1996 seeking extension of mandate of the Arbitral Tribunal for making the arbitral award.

2.

Material on record discloses that to adjudicate on the disputes between the parties, Arbitral Tribunal, comprising of three Arbitrators, was constituted on 08.12.2022. By mutual consent, the mandate of the Tribunal was extended till 09.01.2025. It is stated that the matter is at the stage of final arguments. The Petitioner has, therefore, approached this Court for extension of time for making the award.

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 14:54:29

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 fact that the matter is at the advance stage, this Court is inclined to extend the mandate of the Arbitral Tribunal till 09.09.2025 so that the Award can be pronounced and no further extension of time would be required by the Tribunal.

5.

The petition is disposed of along with the pending applications, if any. SUBRAMONIUM PRASAD, J JANUARY 14, 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 24/01/2025 at 14:54:29