M/S Om Construction Company v. Delhi Development Authority & Anr

O R D E R %

07.11.2024

¶1This is a petition under Section 29A(4) of the Arbitration & Conciliation Act, 1996 seeking extension of mandate of the Arbitral Tribunal for making the arbitral award.

¶2Material on record indicates that the Arbitral Tribunal was constituted on 19.07.2022. It is stated that the time period for making the award has come to an end on 30.08.2024 and therefore the Petitioner has approached this Court for extension of time for making the award.

¶3It is stated by the learned Counsel for the Petitioner that additional time of at least four months would be required for making the Arbitral Award.

¶4The 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 This is a digitally signed order. the expiry of the twelve-month or the extended six-month period, as the case may be.

¶5In view of the above, this Court is inclined to extend the mandate of the Arbitral Tribunal for a further period of six months so that the Award can be pronounced and no further extension of time would be required by the Tribunal.

¶6The petition is disposed of, along with the pending applications, if any.

SUBRAMONIUM PRASAD, J NOVEMBER 7, 2024 hsk

This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 691/2024 & I.A. 38582/2024 M/S OM CONSTRUCTION COMPANY .....Petitioner Through: Mr. Mukesh Kumar, Advocate . versus DELHI DEVELOPMENT AUTHORITY & ANR. .....Respondents Through: Mr. Ishaan S. Sharma, Advocate for DDA. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD