M/S a K Gulati and Sons v. Union of India

Delhi HC3 Mar 2025O.M.P.(MISC.)(COMM.)/192/2025

Case brief

AI extract

What is this about?

Section 29A(4)/(5) Arbitration & Conciliation Act 1996; extension of arbitrator's mandate after expiry of twelve-month period; Rohan Builders (India) Pvt Ltd v Berger Paints India Ltd, 2024 SCC OnLine SC 2494 relied on; O.M.P.(MISC.)(COMM.) 192/2025; Delhi High Court; Subramonium Prasad; mandate extended till 30.05.2025; Union of India respondent; M/s A K Gulati and Sons petitioner; N.P. Kaushik sole arbitrator.

What did the court decide?

Extension of the mandate of the Arbitral Tribunal till 30.05.2025 (regularised till 03.03.2025) for pronouncement of the arbitral award. ¶¶22

M/S a K Gulati and Sons Vs Union of India — Arbitration | Delhi HC (2025)

What the court decided

AI extract

Outcome

Extension of the mandate of the Arbitral Tribunal till 30.05.2025 (regularised till 03.03.2025) for pronouncement of the arbitral award.

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Issue for consideration

Whether the mandate of the Sole Arbitrator can be extended under Section 29A(4) & (5) of the Arbitration & Conciliation Act, 1996 so that the arbitral award can be made, the mandated period being at/near its expiry.

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Court's answer

Proceeding on the Apex Court's ruling in Rohan Builders (India) Private Limited v. Berger Paints India Limited (2024 SCC OnLine SC 2494), the Court treated an application for extension of the time period for making the arbitral award under Section 29A(4) read with Section 29A(5) as maintainable even after expiry of the twelve-month or the extended six-month period.

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Ratio / Principle

Since the matter was at an advanced stage (arguments concluded, only pronouncement of the award remaining), the Court regularised the mandate of the Arbitral Tribunal till 03.03.2025 and extended the mandate till 30.05.2025 so that the Award could be pronounced.

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Detailed headnote1 paragraphs

High Court of Delhi (Subramonium Prasad, J.), O.M.P.(MISC.)(COMM.) 192/2025, order dated 03.03.2025: M/s A K Gulati and Sons petitioned under Section 29A(4) & (5) of the Arbitration & Conciliation Act, 1996 for extension of the mandate of the Sole Arbitrator (Mr. N.P. Kaushik, Retd. ADJ, appointed vide order dated 14.09.2022 in ARB.P.805/2022) as against Union of India. With arguments concluded and only pronouncement of the award outstanding, and relying on the Apex Court's ruling in Rohan Builders (India) Private Limited v. Berger Paints India Limited, 2024 SCC OnLine SC 2494 (that a Section 29A(4) read with 29A(5) extension application is maintainable even after expiry of the twelve-month or extended six-month period), the Court regularised the mandate till 03.03.2025 and extended it till 30.05.2025; the petition was disposed of along with pending applications.

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$~63

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- O.M.P.(MISC.)(COMM.) 192/2025

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M/S A K GULATI AND SONS .....Petitioner

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Through: Mr. Syed Wasif Haider, Adv.

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versus

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UNION OF INDIA .....Respondent Through: Mr. Shankar Kumar Jha, SPC, UOI. Mr. Dushyant Pratap Singh, GP with Ms. Stuti Wahal, Advs.

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CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

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O R D E R

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% 03.03.2025

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I.A. 5417/2025 (Exemption)

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Allowed, subject to all just exceptions.

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O.M.P.(MISC.)(COMM.) 192/2025

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This is a petition under Section 29A (4) & (5) of the Arbitration & Conciliation Act, 1996 seeking extension of mandate of the Arbitral Tribunal for making the arbitral award.

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Material on record discloses that this Court vide Order dated 14.09.2022 in ARB.P.805/2022 appointed Mr. N.P. Kaushik, Additional District Judge (Retd.) as the Sole Arbitrator to adjudicate on the disputes between the parties.

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The present Petition does not state as to when the learned Sole Arbitrator entered reference, as to when the pleadings were completed, as to when the period of 12 months came to an end and as to when the parties

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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 07/03/2025 at 12:32:00

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gave their consent for mutual extension of the mandate of the learned Sole Arbitrator. Only a copy of the proceedings dated 19.02.2025 has been filed wherein it is stated that the mandate of the learned Sole Arbitrator would expire on 23.02.2025 and that the parties would be approaching this Court for extension of the mandate.

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It is stated that arguments have been concluded and only award is to be pronounced. This fact is not disputed by the learned Counsel for the Respondent.

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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 view of the fact that the matter is at an advance stage, this Court is inclined to regularize the mandate of the Arbitral Tribunal till 03.03.2025 and the mandate is extended till 30.05.2025 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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MARCH 03, 2025 Rahul

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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 07/03/2025 at 12:32:00

M/S a K Gulati and Sons v. Union of India

Case brief

What is this about?

What did the court decide?

M/S a K Gulati and Sons v. Union of India

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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Procedural history

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