Facts
The parties entered into a Collaboration Agreement on 11.06.2013
Source reference: para. 2Following disputes, a Sole Arbitrator was appointed by the Court on 25.03.2021
Source reference: para. 3The mandate of the Arbitrator was previously extended twice, with the last extension of nine months expiring on 05.02.2026
Source reference: para. 4The Petitioner filed the present petition under Section 29-A of the Arbitration and Conciliation Act, 1996, seeking a third extension of six months to complete pending cross-examinations and final arguments
Source reference: para. 1, 5The Respondent expressed no objection to the requested extension
Source reference: para. 7Issues
Whether there exists sufficient cause to grant a third extension of the mandate of the Arbitral Tribunal under Section 29-A of the Arbitration and Conciliation Act, 1996
Source reference: para. 1, 11Law Applied
The Court applied Section 29-A of the Arbitration and Conciliation Act, 1996, which stipulates the time limits for arbitral awards and empowers the Court to extend the mandate of an arbitrator upon the expiry of the statutory period for "sufficient cause" and on such terms as it deems fit
Source reference: para. 9Section 29-A does not permit routine grants of extension but requires a careful assessment of the progress of the proceedings in light of the specific facts of each case
Source reference: para. 10-11Reasoning
The Court observed that while Section 29-A is intended to ensure timely disposal, extensions are not a matter of routine and must be based on a factual assessment of the arbitration's progress
Source reference: para. 11In this instance, the Court noted that the proceedings had reached a critical stage involving the completion of cross-examination and hearing of final arguments
Source reference: para. 5, 12The Court placed significant weight on the fact that both parties were ad idem (in agreement) regarding the necessity of the extension
Source reference: para. 12Applying the "sufficient cause" standard under Section 29-A(5), the Court determined that the current stage of the proceedings and the mutual consent of the parties justified a further six-month extension to ensure the conclusion of the arbitral process
Source reference: para. 12-13Holding
The Court answered the issue in the affirmative, holding that an extension was apposite given the stage of the proceedings
The Court ordered the extension of the Sole Arbitrator's mandate by a period of six months, effective until 05.08.2026
Source reference: para. 13The Court regularized the period between the expiry of the previous mandate (05.02.2026) and the date of the order (16.03.2026)
Source reference: para. 13The petition was disposed of accordingly
Source reference: para. 14Original Court PDF
Randhawa Construction Private LimitedvsMs Hcbs Promoters And Developers Pvt Ltd
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