Sanjum Chadha v. Okamura Homes Pvt Ltd

$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 53/2025 SANJUM CHADHA .....Petitioner Through:

Mr. Davender Kumar, Advocate versus OKAMURA HOMES PVT LTD .....Respondent Through:

Mr. Gurtejpal Singh, Advocate

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 20.01.2025 I.A. 1412/2025 (Exemption) Allowed, subject to all just exceptions.

O.M.P.(MISC.)(COMM.) 53/2025 1.

This Petition under Section 29A(4) and 29A(5) of the Arbitration and Conciliation Act, 1996, read with Section 7 of the Commercial Courts Act, 2015, has been filed by the Petitioner for extending the mandate of the sole Arbitrator in the Arbitration proceedings which are going on between the parties.

2.

Material on record indicates that this Court vide Order dated 07.10.2022 in ARB. P. 1052/2022 appointed a Sole Arbitrator to adjudicate upon the disputes between the parties. It is stated that the mandate of the learned Arbitrator was extended mutually by six months by the parties and the extended period has come to an end on 18.01.2025. It is stated by the learned Counsel for the Petitioner that the matter is 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 27/01/2025 at 12:39:23

arguments and, therefore, the mandate of the Arbitrator be extended for a period of six months.

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.

This Court is inclined to extend the mandate of the learned Arbitrator for a further period of six months, i.e. till 18.07.2025, so that the award can be pronounced and no further extension of time would be required by the learned Arbitrator.

5.

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

SUBRAMONIUM PRASAD, J JANUARY 20, 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 27/01/2025 at 12:39:23