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High Court of DelhiO.M.P.(MISC.)(COMM.)/1077/2025

Kamlesh Gulati & ORS. v. Mr Deepak Gulati & ANR.

2025-12-24Hon'Ble Mr. Justice Subramonium Prasad2 pages

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 1077/2025 KAMLESH GULATI & ORS.

.....Petitioners Through:

Ms. Bhumi Agarwal, Ms. Urvi Syal and Mr. Paramjeet Singh, Advocates versus MR DEEPAK GULATI & ANR.

.....Respondents Through:

Mr. R. K. Mishra, Advocate for Respondent No.1.

Mr. Vipin Singh, Advocate.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 24.12.2025 I.A. 32718/2025 (Exemption) Allowed, subject to all just exceptions.

O.M.P.(MISC.)(COMM.) 1077/2025 1.

This is a petition under Section 29A (5) of the Arbitration & Conciliation Act, 1996 seeking extension of mandate of the Arbitral Tribunal.

2.

Material on record indicates that disputes arose between the parties and this Court vide Order dated 16.07.2018 passed in O.M.P. (I) (COMM) 503/2017 appointed the Sole Arbitrator to adjudicate the disputes between the parties.

3.

It is stated that the mandate of the Arbitral Tribunal was extended from time to time and last of the extension was granted by this Court vide Order dated 10.03.2025 passed in O.M.P.(MISC.)(COMM.) 214/2025, 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 26/12/2025 at 12:15:21

whereby this Court extended the mandate of the Arbitral Tribunal till 30.11.2025.

4.

It is stated that since the mandate of the Arbitral Tribunal for making the award has come to an end on 30.11.2025, the Petitioner has approached this Court for extension of time for making the award. 5.

Learned Counsel for the Respondent states that the Respondent does not have any objection to the extension of mandate. 6.

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.

7.

In view of the fact that the matter is at the stage of final arguments, this Court is inclined to extend the mandate of the Arbitral Tribunal till 31.07.2026 so as to enable the Arbitral Tribunal to conclude the arbitration proceedings and pronounce the arbitral award. Further, the period from 30.11.2025 till today is regularized and all other allegations made in the instant petition regarding the conduct of the Respondent, which are not germane to the Petition, are eschewed.

8.

The petition is disposed of along with the pending applications, if any. SUBRAMONIUM PRASAD, J DECEMBER 24, 2025 hsk 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 26/12/2025 at 12:15:21