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High Court of DelhiO.M.P.(MISC.)(COMM.)/1028/2025

M/S Sharda Developers v. M/S Agarwal Associates (Promoters) Limited

2025-12-17Hon'Ble Mr. Justice Subramonium Prasad3 pages

$~69 to 71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 1028/2025 M/S SHARDA DEVELOPERS .....Petitioner Through:

Mr.

Roshan Santhalia and Mr.

Shivansh Sinha, Advs.

versus M/S AGARWAL ASSOCIATES (PROMOTERS) LIMITED .....Respondent Through:

Mr. Divyakant Lahoti, Mr. Kartik Lahoti, Mr. Adith Menon and Ms.

Shubheksha Dwivedi, Advs.

+ O.M.P.(MISC.)(COMM.) 1029/2025 M/S SHARDA DEVELOPERS .....Petitioner Through:

Mr.

Roshan Santhalia and Mr.

Shivansh Sinha, Advs.

versus M/S AGARWAL ASSOCIATES (PROMOTERS) LIMITED .....Respondent Through:

Mr. Divyakant Lahoti, Mr. Kartik Lahoti, Mr. Adith Menon and Ms.

Shubheksha Dwivedi, Advs.

+ O.M.P.(MISC.)(COMM.) 1030/2025 M/S SHARDA DEVELOPERS .....Petitioner Through:

Mr.

Roshan Santhalia and Mr.

Shivansh Sinha, Advs.

versus The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

M/S AGARWAL ASSOCIATES (PROMOTERS) LIMITED .....Respondent Through:

Mr. Divyakant Lahoti, Mr. Kartik Lahoti, Mr. Adith Menon and Ms.

Shubheksha Dwivedi, Advs.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 17.12.2025 I.A. 31648/2025 (Exemption) in O.M.P.(MISC.)(COMM.) 1028/2025 I.A. 31649/2025 (Exemption) in O.M.P.(MISC.)(COMM.) 1029/2025 I.A. 31653/2025 (Exemption) in O.M.P.(MISC.)(COMM.) 1030/2025 Allowed, subject to all just exceptions.

O.M.P.(MISC.)(COMM.) 1028/2025 O.M.P.(MISC.)(COMM.) 1029/2025 O.M.P.(MISC.)(COMM.) 1030/2025 1.

The present petitions under Section 29A of the Arbitration & Conciliation Act, 1996 have been filed for extension of mandate of the learned Arbitrator.

2.

The learned Arbitrator was appointed by this Court vide Order dated 10.04.2023 in ARB.P. 45/2023. The pleadings in the arbitration proceedings were completed on 28.08.2023 and the period of 12 months as provided under Section 29A(2) of the Arbitration & Conciliation Act, 1996 came to an end on 28.08.2024. The parties by mutual consent extended the mandate of the learned Arbitrator for a period of six months. Therefore, the mandate of the learned Arbitrator came to an end on 28.02.2025. 3.

It is stated that an application under Section 29A of the Arbitration & The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Conciliation Act, 1996 was filed and this Court vide Order dated 24.03.2025 extended the mandate of the learned Arbitrator till 31.12.2025. 4.

Learned Counsel for the Respondent states that several petitions are going on before the learned Arbitrator between the same parties. He states that in one of such petitions, this Court vide Order dated 09.04.2025 passed in OMP(MISC)(COMM) 264/2025 has extended the mandate of the learned Arbitrator till 09.04.2026. He states that the mandate of the Arbitrator in the present petitions be also extended till 09.04.2026. 5.

It is stated that in the present set of arbitration proceedings, the evidence of the Claimant has been recorded and the Respondent's evidence is about to be concluded.

6.

Keeping in mind the fact that substantial time and money has already been spent in the arbitration proceedings, this Court is inclined to extend the mandate of the learned Arbitrator till 09.04.2025. It is open for the parties to approach this Court for further extension of mandate in the matters, if need arises in future.

7.

Needless to state that the learned Arbitrator is requested to conclude the arbitration keeping in mind the spirit and object of Section 29A(1) of the Arbitration & Conciliation Act, 1996.

8.

With these observations, the petitions are disposed of along with pending application(s), if any.

SUBRAMONIUM PRASAD, J DECEMBER 17, 2025 hsk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.