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High Court of DelhiO.M.P.(MISC.)(COMM.)/1033/2025

Dayanand Pal v. Mr. Dharmendra Kumar Bhati & ORS.

2025-12-18Hon'Ble Mr. Justice Subramonium Prasad2 pages

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 1033/2025 DAYANAND PAL .....Petitioner Through:

Mr. Siddhartha Yadav, Ms. Ishita Yadav & Mr. Deepak Kumar Advs.

versus MR. DHARMENDRA KUMAR BHATI & ORS. .....Respondents Through:

Ms. Nandni Sahni & Ms. Trisha Laroiya Advs. for R-1 & 2.

Mr. Abhishek Kumar, Mr. Satendra Singh, Advocates

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 18.12.2025 I.A. 31760/2025 (Exemption) Allowed, subject to all just exceptions.

O.M.P.(MISC.)(COMM.) 1033/2025 1.

The present petition under Section 29A (4) & (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 an Arbitral Tribunal was constituted by this Court vide Order dated 29.11.2019 in ARB.P. 632/2019. The mandate of the Arbitral Tribunal has been extended from time to time and last such extension was granted by this Court vide Order dated 22.11.2024 in O.M.P.(MISC.)(COMM.) 915/2024 by which this Court had extended 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 12:45:35

mandate of the Arbitral Tribunal till 30.11.2025. Since the mandate of the Arbitral Tribunal has expired on 30.11.2025, the present petition has been filed for extending the mandate of the Arbitral Tribunal. 3.

It is stated that the arbitration is at the stage of cross-examination of the Claimant witness.

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 regularize the period from 30.11.2025 till today and extend the mandate of the Arbitral Tribunal till 30.09.2026, so that the award can be pronounced. 6.

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

SUBRAMONIUM PRASAD, J DECEMBER 18, 2025 Prateek 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 12:45:35