Disposed¶24

M/S Mili Marketing Pvt. Ltd. v. M/S Ambience Pvt. Ltd. & Anr.

Delhi HC11 Feb 2025O.M.P. (MISC.)/4/2025

Case brief

AI extract

What is this about?

O.M.P. (MISC.) 4/2025; Mili Marketing Pvt. Ltd. v. Ambience Pvt. Ltd.; Delhi High Court; 11.02.2025; Judge Subramonium Prasad; Section 29A(4) and (5) Arbitration & Conciliation Act 1996; extension of arbitrator's mandate after expiry of period; mandate regularized from 31.01.2025; mandate extended till 31.07.2025; arguments concluded, award pending; Rohan Builders (India) Pvt. Ltd. v. Berger Paints India Ltd., 2024 SCC OnLine SC 2494, relied upon; respondent consented; exemption application allowed.

What did the court decide?

Mandate of the Arbitrator extended till 31.07.2025 for pronouncement of the Award; period from 31.01.2025 till the date of the order regularized; petition disposed of along with pending applications, if any. ¶24

M/S Mili Marketing Pvt. Ltd. Vs M/S Ambience Pvt. Ltd. & Anr. — Delhi HC (2025) — LawSathi Research

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$~49

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- O.M.P. (MISC.) 4/2025

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M/S MILI MARKETING PVT. LTD .....Petitioner

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Through: Mr. Barun Dey, NP Singh and Alok Ranjan Jha, Advocates

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versus

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M/S AMBIENCE PVT. LTD & ANR. .....Respondents Through: Mr. Akshay Chitkara, Adv.

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CORAM:

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HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

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% 11.02.2025

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I.A. 3567/2025 (Exemption)

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Allowed, subject to all just exceptions.

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O.M.P. (MISC.) 4/2025

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The instant petition under Section 29A(4) and (5) of the Arbitration & Conciliation Act, 1996 has been filed by the Petitioner seeking extension of the mandate of the Arbitrator.

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Material on record indicates that the Arbitrator was appointed by this Court vide Order dated 15.01.2018.

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It is stated that the mandate of the Arbitrator has been extended from time to time and last such extension was granted on 29.09.2024. It is stated that since the mandate of the Tribunal has come to an end on 31.01.2025, the Petitioner has approached this Court seeking extension of the mandate of the Arbitrator for making the Award.

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O.M.P. (MISC.) 4/2025 Page 1 of 2

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This is a digitally signed order.

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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 18/02/2025 at 11:12:23

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A perusal of the list of dates indicates that the arguments have been concluded and only the Award has to be pronounced.

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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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The Respondent has no objection if the mandate is extended. The period from 31.01.2025 till today is regularized.

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In the facts and circumstance of this case, this Court is inclined to extend the mandate of the Arbitrator till 31.07.2025 so that the 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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FEBRUARY 11, 2025 RJ

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O.M.P. (MISC.) 4/2025 Page 2 of 2

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This is a digitally signed order.

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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 18/02/2025 at 11:12:23

M/S Mili Marketing Pvt. Ltd. v. M/S Ambience Pvt. Ltd. & Anr.

Case brief

What is this about?

What did the court decide?

M/S Mili Marketing Pvt. Ltd. v. M/S Ambience Pvt. Ltd. & Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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