Navrang Infrastructure Inc v. Rudra Buildwell Homes Private Limited

O R D E R %

20.11.2024 I.A. 45607/2024 (Exemption)

Allowed, subject to all just exceptions. O.M.P. (MISC.) 39/2024

¶1This Petition under Section 29A(4) and 29A(5) of the Arbitration and Conciliation Act, 1996, read with Section 7 of the Commercial Courts Act, 2015, has been filed by the Petitioner for extending the mandate of the sole arbitrator in the Arbitration proceedings which are going on between the parties.

¶2Material on record indicates that this Court vide Order dated

15.11.2016 appointed Mr. Sanjeev Puri, Sr. Advocate, as the Arbitrator, to adjudicate upon the disputes between the parties.

¶3It is stated that the mandate of the Tribunal is being extended from time to time and the last such extension was granted by this Court vide Order dated 29.05.2024. It is stated that the mandate of the Arbitrator This is a digitally signed order. expired on 05.11.2024

¶4It is stated by the learned Counsel for the Petitioner that the matter is at the stage of rejoinder argumnets and, therefore, the mandate of the Arbitrator be extended for a period of six months.

¶5The 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.

¶6Accordingly, this Court is inclined to extend the mandate of the Arbitral Tribunal for a further period of six months, i.e. till 05.05.2025, so that the award can be pronounced and no further extension of time would be required by the Tribunal.

¶7The Petition is disposed of, along with the pending applications, if any.

SUBRAMONIUM PRASAD, J NOVEMBER 20, 2024 Rahul

This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (MISC.) 39/2024 NAVRANG INFRASTRUCTURE INC .....Petitioner Through: Ms. Shankari Mishra, Advocate. versus RUDRA BUILDWELL HOMES PRIVATE LIMITED.....Respondent Through: Ms. Sakshi Tikmany, Advocate. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD