Mobile Technology v. Apple India Private Limited

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 34/2025 MOBILE TECHNOLOGY .....Petitioner Through:

Mr. Chaitanya Parihar and Mr. Tushar Mudgil, Advs.

versus APPLE INDIA PRIVATE LIMITED .....Respondent Through:

Ms. Riddima Sharma, Adv.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 15.01.2025 I.A. 831/2025 (Exemption) Allowed, subject to all just exceptions.

O.M.P.(MISC.)(COMM.) 34/2025 & I.A. 832/2025 1.

This Petition under Section 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 the Sole Arbitrator was appointed by this Court on 02.03.2022 in a petition being ARB. P. 255/2022 filed by the Petitioner to adjudicate upon the disputes between the parties. It is stated that the last of the mandate of the Arbitrator was extended by this Court vide Order dated 20.05.2024 for a period up to 31.12.2024. The mandate of the Arbitrator has expired on 31.12.2024.

3.

It is stated that the arbitration proceedings are at the stage of final arguments.

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 16:02:19

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 Sole Arbitrator for a period of nine months from today, so that the award can be pronounced.

6.

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

SUBRAMONIUM PRASAD, J JANUARY 15, 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 16:02:19