Final Order 2

Order Details: COPY OF ORDER
Pdf Text: 16 OMP (MISC.) (COMM.)/96/2026
CNR No. DLND010099152026
India Engineers And Fabrication Vs. Everest Industries Ltd
24.09.2026
Present : Sh. Raghavendra Upadhyay, Ld. Counsel for
petitioner through video conferencing.
Ms. Purnima Jain, Ld. Counsel for the petitioner in
person.
Sh. Kaustubh Prakash and Ms. Riya Mittal, Ld.
Counsels for respondent.
Ld. counsels for respondent submit that they have no
objection, if period of arbitration is extended for six months. Same
is the prayer made by petitioner herein in the petition under
Section 29 A (5) of Arbitration and Conciliation Act.
Petitioner has filed the present petition u/s 29A of the
Arbitration and Conciliation Act, 1996 for seeking extension of
mandate of Ld. Arbitral Tribunal.
It is submitted by Sh. Raghavendra Upadhyay that
the present petition pertains to case bearing no. DIAC/7659/01-24
only.
It is stated that the Ld. Sole Arbitrator entered upon
the reference and pleadings stood completed on 10.01.2025 and
on 13.12.2025, both the parties consented to extend the mandate
of ld. Arbitrator for a period of six month after 10.01.2026 till
10.07.2026. It is stated that the matter is at the stage of final
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arguments. It is further stated that the delay in conclusion of the
proceedings was not attributable to any act or omission on the part
of the petitioner. It is prayed that mandate of Ld. Arbitrator has
expired on 10.07.2026 and the present extension is being sought
in order to enable the Ld. Arbitrator to complete the arguments
and to to pass the award. It is accordingly prayed that the mandate
of Ld. Arbitral Tribunal may be extended for a further period of
six months w.e.f. 10.07.2026 u/s 29A(4) of Arbitration and
Conciliation Act, 1996.
Ld. Counsel appearing for respondent has given his no
objection, if the present petition is allowed as the matter is at the
stage of final arguments.
Section 29A(1) of the Act stipulates that the award
“in the matter other than the international arbitration” shall be
made by Arbitral Tribunal within a period of 12 months from the
date of
completion of pleadings. Sub-Section 3 of Section 29A empowers
parties, by consent, to extend the period specified in Sub-Section
(1) for making an award for a further period not extending six
months. Thereafter if the award is not made within specified
period
in Sub-Section (1) or the extended period specified in Sub-Section
(3), the mandate of the arbitrator shall terminate unless the court
extended the period either prior or after the expiry of period so
specified. In other words, the timeline of 12 months for making
the
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award is quantified by the consensual entrustment to the parties
under Sub-Section (3) to extend the period by 6 months after
which,
the Court is empowered in Sub-Section (4) to extend the period
for
making the award. The legislature explicitly addresses the
authority
of the Court to extend the arbitrator’s mandate both preceding and
following its expiry. Accordingly, thereby the Court is empower to
extend the mandate, even after expiry of the mandate of the
Arbitral
Tribunal. Judgment in case of
Rohan Builders India Pvt. Ltd. vs.
Burger Paints India Ltd. 2025 (10) SCC 810, referred to.
In view of the afore-stated facts and circumstances, the
mandate of Ld. Arbitral Tribunal is extended for a period of six
months w.e.f. 10.07.2026 u/s 29A(4) of Arbitration and
Conciliation Act, 1996, with a request to ld. Arbitrator that final
award be passed within this period. Application stands disposed
accordingly.
File be consigned to Record Room.
Copy of order be given dasti to parties to be delivered
to ld. Arbitrator.
(DEEPALI SHARMA)
District Judge (Commercial Court)-03
PHC / New Delhi /24.09.2026
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