Disposed¶24

M/S Eterno Constructions Pvt. Ltd. & Anr. v. M/S Jito Administrative Training Foundation

Delhi HC21 Mar 2025O.M.P.(MISC.)(COMM.)/255/2025

Case brief

AI extract

What is this about?

Section 29A(4) & (5) Arbitration and Conciliation Act 1996; extension of mandate of Arbitral Tribunal after expiry; maintainability of post-expiry extension application; regularization of expired mandate; Rohan Builders (India) Private Limited v. Berger Paints India Limited 2024 SCC OnLine SC 2494; O.M.P.(MISC.)(COMM.) 255/2025; ARB.P. 179/2020; Delhi High Court; Subramonium Prasad, J.; order dated 21.03.2025; Eterno Constructions; JITO Administrative Training Foundation; mandate extended till 31.07.2025; pronouncement of arbitral award.

What did the court decide?

Mandate of the Arbitral Tribunal regularized till the date of the order and extended till 31.07.2025 for pronouncement of the award; petition disposed of along with pending applications, if any. ¶24

M/S Eterno Constructions Pvt. Ltd. & Anr. Vs M/S Jito… — Arbitration | Delhi HC (2025)

What the court decided

AI extract

Outcome

Mandate of the Arbitral Tribunal regularized till the date of the order and extended till 31.07.2025 for pronouncement of the award; petition disposed of along with pending applications, if any.

¶24

Issue for consideration

Whether the mandate of the Arbitral Tribunal (constituted pursuant to ARB.P. 179/2020), which expired on 06.01.2025 after a six-month consensual extension, could be extended under Section 29A(4) & (5) of the Arbitration and Conciliation Act, 1996 notwithstanding expiry of the statutory period, so that the award could be pronounced.

¶16

Court's answer

An application for extension of the time period for passing an arbitral award under Section 29A(4) read with Section 29A(5) of the Arbitration and Conciliation Act, 1996 is maintainable even after the expiry of the twelve-month or the extended six-month period, as held by the Supreme Court in Rohan Builders (India) Private Limited v. Berger Paints India Limited, 2024 SCC OnLine SC 2494, on which this Court relied.

¶22

Ratio / Principle

In view of the facts of the case, the mandate of the Arbitral Tribunal was regularized till the date of the order (21.03.2025) and extended till 31.07.2025 so that the award could be pronounced.

¶23

Detailed headnote1 paragraphs

Delhi High Court, Order dated 21.03.2025 (Subramonium Prasad, J.) in O.M.P.(MISC.)(COMM.) 255/2025 — Extension of arbitral mandate under Section 29A(4) & (5), Arbitration and Conciliation Act, 1996. Petitioners M/s Eterno Constructions Pvt. Ltd. & Anr. sought extension of the mandate of the sole-Arbitrator tribunal constituted vide Order dated 02.05.2022 in ARB.P. 179/2020; pleadings completed 07.07.2023; mandate mutually extended from 07.07.2024 to 06.01.2025 and had expired on 06.01.2025, with final arguments concluded and only pronouncement of the award remaining. Relying on Rohan Builders (India) Private Limited v. Berger Paints India Limited, 2024 SCC OnLine SC 2494 (post-expiry Section 29A(4)/(5) applications maintainable), and recording the respondent's no objection, the Court regularized the mandate till the date of the order and extended it till 31.07.2025; petition disposed of with pending applications, if any.

¶1

$~40

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- O.M.P.(MISC.)(COMM.) 255/2025

¶4

M/S ETERNO CONSTRUCTIONS PVT. LTD & ANR.

¶5

.....Petitioners Through: Mr Amulya Dhingra and Mr Saurav Kumar, Advocates

¶6

versus

¶7

M/S JITO ADMINISTRATIVE TRAINING FOUNDATION

¶8

.....Respondent Through: Dr. Harsh Surana, Ms Deepali Surana, Mr. Sandeep Malik, Mr. Rudresh Kumar, Mr. Karan Shankla, Advocates

¶9

CORAM:

¶10

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

¶11

O R D E R

¶12

% 21.03.2025

¶13

I.A. 7362/2025 (Exemption)

¶14

Allowed, subject to all just exceptions.

¶15

O.M.P.(MISC.)(COMM.) 255/2025

¶16

This petition under Section 29A(4) & (5) of the Arbitration and Conciliation Act, 1996 has been filed by the Petitioner for extending the mandate of the Arbitral Tribunal.

¶17

Material on record indicates that the Petitioner had approached this Court by filing an arbitration petition being ARB.P. 179/2020 for appointment of an Arbitrator and this Court vide Order dated 02.05.2022 constituted an Arbitral Tribunal consisting of a Sole Arbitrator. Pleadings

¶18

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 26/03/2025 at 14:03:36

¶19

stood completed on 07.07.2023. It is stated that the parties had extended the mandate of the Arbitral Tribunal by mutual consent for a period of six months w.e.f. 07.07.2024 to 06.01.2025. It is stated that the mandate of the Arbitral Tribunal has expired on 06.01.2025.

¶20

It is stated that final arguments stand concluded and only the award has to be pronounced by the Arbitral Tribunal.

¶21

Learned Counsel appearing for the Respondent has no objection if the mandate of the Arbitral Tribunal is extended.

¶22

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.

¶23

In view of the facts of the present case, this Court is inclined to regularize the mandate of the Arbitral Tribunal till today and the mandate is extended till 31.07.2025 so that the Award can be pronounced.

¶24

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

¶25

SUBRAMONIUM PRASAD, J

¶26

MARCH 21, 2025 S. Zakir

¶27

This is a digitally signed order.

¶28

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 26/03/2025 at 14:03:36

M/S Eterno Constructions Pvt. Ltd. & Anr. v. M/S Jito Administrative Training Foundation

Case brief

What is this about?

What did the court decide?

M/S Eterno Constructions Pvt. Ltd. & Anr. v. M/S Jito Administrative Training Foundation

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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