Allowed

M/S. Sharda Developers v. M/S. Agarwal Associates (Promoters) Limited

Delhi HC9 Apr 2025O.M.P.(MISC.)(COMM.)/264/2025

Case brief

AI extract

What is this about?

Petitioner sought extension of the arbitral tribunal's mandate under Section 29A(4) and (5), the 18-month period having expired while witness re-examination was pending. The respondent consented. The court extended the mandate by 12 months from 09.04.2025 and regularised the intervening period.

What did the court decide?

Mandate of the Arbitral Tribunal extended by 12 months from 09.04.2025; period from 01.03.2025 to 08.04.2025 regularised.

M/S. Sharda Developers Vs M/S. Agarwal Associates (Promoters)… — Arbitration | Delhi HC (2025)

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$~8

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- O.M.P.(MISC.)(COMM.) 264/2025

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M/S. SHARDA DEVELOPERS .....Petitioner

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Through: Mr. Roshan Santhalia, Mr. Aayush Mishra and Mr. Apurv Prasad, Advocates.

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versus

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M/S. AGARWAL ASSOCIATES (PROMOTERS) LIMITED .....Respondent Through: Mr. Divyakant Lahoti, Advocate.

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CORAM:

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HON'BLE MS. JUSTICE JYOTI SINGH

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O R D E R % 09.04.2025

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This petition is preferred on behalf of the Petitioner under Section 29A (4) and (5) of the Arbitration and Conciliation Act, 1996 (‘1996 Act’) seeking extension of mandate of the Arbitral Tribunal by a period of 12 months from 28.02.2025.

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Disputes having arisen between the parties in relation to a Plot Allotment Agreement dated 02.07.2013 in respect of residential plot bearing No. 81, Sector-2, having an area of 117 sq. yds. in Aditya World City, NH24, Ghaziabad, Uttar Pradesh, Petitioner approached this Court by filing petition under Section 11 (6) of the 1996 Act being ARB.P. No. 44/2023 for appointment of an Arbitrator, which was allowed on 10.04.2023 and Sole Arbitrator was appointed. Arbitration was to take place under aegis of and as per rules of Delhi International Arbitration Centre (DIAC).

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O.M.P.(MISC.)(COMM.) 264/2025

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Page 1 of 2

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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 15/04/2025 at 16:33:06

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It is stated in the petition that pleadings were completed by the parties on 28.08.2023. 12 months period provided under Section 29A(1) of the 1996 Act expired on 28.08.2024 and by mutual consent of the parties, mandate of the Tribunal was extended by six months vide order dated 17.10.2024. Cumulative period of 18 months expired on 28.02.2025 and hence, the present petition has been filed seeking extension and it is submitted by counsel for the Petitioner that arbitration proceedings are at the stage of reexamination of Claimant’s witness as also taking on record some additional documents.

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Mr. Divyakant Lahoti, learned counsel enters appearance on behalf of Respondent and on instructions, submits that Respondent has no objection to the mandate of the Arbitral Tribunal being extended by 12 months.

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Accordingly, with the consent of the parties, mandate of the Arbitral Tribunal is extended by a period of 12 months from 09.04.2025 and period between 01.03.2025 to 08.04.2025 is regularised.

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Petition is allowed and disposed of in the aforesaid terms.

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JYOTI SINGH, J

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APRIL 9, 2025/YA/shivam

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O.M.P.(MISC.)(COMM.) 264/2025

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Page 2 of 2

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M/S. Sharda Developers v. M/S. Agarwal Associates (Promoters) Limited

Case brief

What is this about?

What did the court decide?

M/S. Sharda Developers v. M/S. Agarwal Associates (Promoters) Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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