Gammon Engineers And Contractors Pvt Ltd v. Delhi Tourism And Transportation Development Corporation Limited

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 1018/2025 GAMMON ENGINEERS AND CONTRACTORS PVT LTD .....Petitioner Through:

Mr. Nilesh Sharma and Mr. Dhawesh Pahuja, Advs.

versus DELHI TOURISM AND TRANSPORTATION DEVELOPMENT CORPORATION LIMITED .....Respondent Through:

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 19.12.2025 1.

The present petition under Section 29A 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 by this Court vide Order dated 05.04.2023 in ARB.P.454/2022. Pleadings were completed on 28.05.2025 and the period of one year came to end on 27.05.2025. The mandate of the Arbitral Tribunal was extended for six months, i.e. till 26.11.2025, by way of mutual consent. Since the mandate of the Arbitral Tribunal has expired on 26.11.2025, the present petition has been filed for extending the mandate of the Arbitral Tribunal. 3.

It is stated that the Claimant witnesses have been examined and certain applications have been filed by the Respondents for amending the 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 22/12/2025 at 12:45:24

pleadings and, therefore, the mandate of the Arbitrator be extended for a period of 12 months.

4.

Though, learned Counsel for the Respondent has raised objections on the issue of arbitrability of the disputes, the said issue cannot be a subject matter of a Petition under Section 29(A) of the Arbitration Act, 1996. 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.

In view of the facts of the present case, this Court is inclined to regularize the period from 26.11.2025 till today and extend the mandate of the Arbitral Tribunal till 30.10.2026, so that the award can be pronounced. 7.

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

SUBRAMONIUM PRASAD, J DECEMBER 19, 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 22/12/2025 at 12:45:24