Allowed

Kushaly Polysacks Pvt. Ltd. v. My Preferred Transformation and Hospitality Pvt. Ltd.

Delhi HC12 Dec 2024O.M.P.(MISC.)(COMM.)/959/2024

Case brief

AI extract

What is this about?

The Delhi High Court allowed an application seeking extension of the arbitral tribunal's mandate for one year under Section 29A(5) of the Arbitration & Conciliation Act, 1996, relying on the Rohan Builders precedent to facilitate the pronouncement of the award.

What did the court decide?

Mandate of the Arbitral Tribunal extended for a further period of one year from 30.07.2024.

Kushaly Polysacks Pvt. Ltd. Vs My Preferred Transformation and… — Arbitration | Delhi HC (2024)

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$~58

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- O.M.P.(MISC.)(COMM.) 959/2024

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KUSHALY POLYSACKS PVT LTD .....Petitioner Through: Mr Rana S Biswas, Mr. Kartik Chettiar, Mr. Yash Tripathi Advocates

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versus

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MY PREFERRED TRANSFORMATION AND HOSPITALITY PVT LTD .....Respondent Through: Mr. Sandeep Kumar Mahapatra, Mr.Tribhuvan, Mr. Ishan Malhotra, Advocates Mr. Sidharth Arora, Advocate

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CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

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O R D E R

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% 12.12.2024

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I.A. 48067/2024 (Exemption)

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Allowed, subject to all just exceptions.

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O.M.P.(MISC.)(COMM.) 959/2024

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The instant petition under Section 29A(5) of the Arbitration & Conciliation Act, 1996 has been filed by the Petitioner seeking extension of the mandate of the Arbitral Tribunal.

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Material on record indicates that the Arbitral Tribunal was constituted by this Court on 17.12.2021. It is stated that since the mandate of the Arbitral Tribunal has expired on 30.07.2024, the Petitioner has approached this Court seeking extension of the mandate of the Arbitral Tribunal for

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This is a digitally signed order. 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 03/07/2025 at 04:19:41

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making the Award.

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A perusal of the list of dates indicates that on 31.01.2023 pleadings in the arbitration proceedings have been completed and the matter is at the stage of recording of evidence of the claimant’s last witness.

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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.

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In the facts and circumstance of this case, this Court is inclined to extend the mandate of the Arbitral Tribunal for a further period of one year from 30.07.2024 so that the arbitral proceedings be completed and Award can be pronounced.

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

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SUBRAMONIUM PRASAD, J

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DECEMBER 12, 2024 RJ

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Kushaly Polysacks Pvt. Ltd. v. My Preferred Transformation and Hospitality Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

Kushaly Polysacks Pvt. Ltd. v. My Preferred Transformation and Hospitality Pvt. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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