Lucknow Sitapur Expressways Limited v. National Highway Authority Of India
$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 74/2025 LUCKNOW SITAPUR EXPRESSWAYS LIMITED.....Petitioner Through:
Mr. Tanuj Chopra, Advocate versus NATIONAL HIGHWAY AUTHORITY OF INDIA.....Respondent Through:
Mr. Ankur Mittal, Mr.Abhay Gupta and Mr.Ashish Gajwani Advocates
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
O R D E R
% 24.01.2025 I.A. 1912/2025 (Exemption) Allowed, subject to all just exceptions.
O.M.P.(MISC.)(COMM.) 74/2025 1.
This Petition under Section 29A(4) and (5) 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 Arbitral Tribunal was appointed on 03.12.2018. It is stated that the last of the mandate of the Arbitral Tribunal was extended by this Court vide Order dated 04.03.2024 for a period up to 31.12.2024. The mandate of the Arbitral Tribunal has expired on 31.12.2024.
3.
The Apex Court in Rohan Builders (India) Private Limited v. Berger Paints India Limited, 2024 SCC OnLine SC 2494, has held that an 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 04/02/2025 at 12:09:29
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 facts of the present case, this Court is inclined to extend the mandate of the Arbitral Tribunal for a period of one year i.e., upto 31.12.2025, so that the award can be pronounced. 5.
The Petition is disposed of, along with the pending applications, if any.
SUBRAMONIUM PRASAD, J JANUARY 24, 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 04/02/2025 at 12:09:29