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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Prashanth Projects P. Ltd. - Appellant
Versus
Indian Oil Corporation Ltd. - Respondent
O.M.P.(MISC.)(COMM.) 184 of 2021
Decided On : 22-12-2021




The court permitted a six-month extension of the arbitrator's mandate based on a joint application from both parties under the Arbitration and Conciliation Act, 1996.

Headnote:(A) Arbitration and Conciliation Act, 1996 - Section 29A(6) - Joint application for extension of arbitrator's mandate - Petition allowed for six-month extension from 7th January 2022. (Paras 3-5)

(B) Disposition of application - Application allowed subject to just exceptions, indicating the court's willingness to accommodate the parties. (Paras 1-2)

Facts of the case:
This judgment involves the request from both parties for an extension of the arbitrator's mandate due to expiration before the resolution could be finalized.

Findings of Court:
The court determined that the request for extending the arbitrator's mandate was made jointly and thus granted the extension.

Issues: The primary issue was whether to extend the mandate of the arbitrator which was expiring soon.

Ratio Decidendi: The court noted that both parties agreed on the necessity of extending the arbitrator's mandate, justifying the extension under Section 29A(6) of the Act.

Result: Petition allowed.

Table of Content
1. joint application for arbitrator's mandate extension. (Para 1 , 2)
2. request for extension of arbitrator's mandate. (Para 3 , 4)
3. mandate of arbitrator extended by six months. (Para 5)

ORDER (Oral)

I.A. 17223/2021 (Section 151 CPC)

1. Allowed, subject to all just exceptions.

2. The application stands disposed of.

O.M.P.(MISC.)(COMM.) 184/2021

3. This is a joint application under Section 29A(6) of the Arbitration & Conciliation Act, 1996, for extension of the mandate of the learned arbitrator, which is due to expire on 2nd January, 2022.

4. Learned counsel for the parties, ad idem, request that the mandate of the learned arbitrator may be extended by six months with effect from the said date.

5. Accordingly, petition is allowed. The mandate of the learned arbitrator shall stand extended by six months with effect from 7th January, 2022.

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