Allowed¶18

Malhotra Enterprises v. Ericsson India Private Limited

Delhi HC19 Mar 2025O.M.P.(MISC.)(COMM.)/245/2025

Case brief

AI extract

What is this about?

Section 29A(4) Arbitration and Conciliation Act 1996 extension of arbitrator's mandate after expiry; maintainability of post-expiry Section 29A(4)/29A(5) application per Rohan Builders (India) Pvt Ltd v Berger Paints India Ltd, 2024 SCC OnLine SC 2494; regularization of lapsed mandate period; O.M.P.(MISC.)(COMM.) 245/2025; High Court of Delhi; Subramonium Prasad J; Malhotra Enterprises v Ericsson India Private Limited; mandate extended till 31.10.2025.

What did the court decide?

Extension of the mandate of the Arbitral Tribunal till 31.10.2025 for pronouncement of the award; the period from 10.02.2025 to 19.03.2025 regularized; petition disposed of along with pending applications, if any. ¶18

Malhotra Enterprises Vs Ericsson India Private Limited — Arbitration | Delhi HC (2025)

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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.) 245/2025

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MALHOTRA ENTERPRISES .....Petitioner

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Through: Mr. Sumit Kumar, Advocate

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versus

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ERICSSON INDIA PRIVATE LIMITED .....Respondent Through: Mr Kunal Kher Advocate

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CORAM:

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HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

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O R D E R % 19.03.2025

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This Petition under Section 29A(4) of the Arbitration and Conciliation Act, 1996 has been filed by the Petitioner for extending the mandate of the Sole Arbitrator.

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Material on record indicates that the Arbitral Tribunal was constituted on 22.08.2019 for adjudicating the disputes which have arisen between the parties.

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The mandate of the Arbitral Tribunal was extended from time to time and last such extension was granted on 24.07.2024. It is stated that the mandate of the Arbitral Tribunal has expired on 10.02.2025, therefore the Petitioner has approached this Court by filing the instant Petition for extension of mandate.

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It is stated by the learned Counsel for the Petitioner that the arguments have been heard and the award has to be pronounced.

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The Apex Court in Rohan Builders (India) Private Limited v. Berger

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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 24/03/2025 at 14:36:39

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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 facts of the present case, this Court is inclined to extend the mandate of the Arbitral Tribunal till 31.10.2025, so that the award can be pronounced. The period from 10.02.2025 till today i.e. 19.03.2025 stands regularized.

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The Petition is disposed of, along with the pending applications, if

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any.

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SUBRAMONIUM PRASAD, J

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MARCH 19, 2025 RJ

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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 24/03/2025 at 14:36:39

Malhotra Enterprises v. Ericsson India Private Limited

Case brief

What is this about?

What did the court decide?

Malhotra Enterprises v. Ericsson India Private Limited

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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