Bitchem Asphalt Technologies Ltd v. Csir-Central Road Research Institute

O R D E R %

12.11.2024 I.A. 44737/2024 (Exemption) Allowed, subject to all just exceptions. O.M.P.(MISC.)(COMM.) 879/2024

¶1This is a petition under Section 29A of the Arbitration & Conciliation Act, 1996 seeking extension of mandate of the Arbitral Tribunal for a period of six months for rendering the arbitral award.

¶2Material on record indicates that the Arbitral Tribunal entered reference on 05.04.2024. It is stated that the mandate of the Arbitral Tribunal was extended by this Court for a period of six months on

05.04.2024. It is stated that the matter was taken up for final arguments which went on till 17.09.2024 and therefore the Petitioner has approached this Court for extension of time for rendering the award. This is a digitally signed order. 3. It is stated by the learned Counsel for the Petitioner that additional time of at least six months would be required for rendering 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 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 12, 2024 hsk This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 879/2024 BITCHEM ASPHALT TECHNOLOGIES LTD .....Petitioner Through: Mr. Uttam Datt, Ms. Sonakshi Singh, Mr. Kumar Bhaskar, Advs. versus CSIR-CENTRAL ROAD RESEARCH INSTITUTE .....Respondent Through: Mr. Bhuvanesh Satija, Mr. Udit Sharma, Mr. Aniket Khanduri, Advocates CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD