IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, J.
Dalmia Cement (East) Limited - Appellant
Versus
Jaiprakash Associates Limited - Respondent
O.M.P.(MISC.)(COMM.) 32 of 2022 & IA No. 2426 of 2022
Decided On : 14-02-2022

The court upheld the extension of the arbitral tribunal's mandate under Section 29 A of the Arbitration and Conciliation Act, ensuring resolution of disputes while considering previous procedural delays.

Headnote:(A) Arbitration and Conciliation Act, 1996 - Section 29 A - Petition seeking extension of mandate of arbitral tribunal - The tribunal's mandate was previously extended due to necessity and the Supreme Court's direction on limitation - Time extended to render the Award until 30.06.2022. (Paras 1, 3, 6)

(B) Judicial discretion - Courts may extend the timeline for arbitration proceedings to ensure resolution and avoid delays, especially in the context of previous extensions granted. (Paras 3, 6)

Facts of the case:
The petition was filed under Section 29 A of the Arbitration and Conciliation Act, 1996, to extend the arbital tribunal's mandate while the parties were engaged since 2018 in arbitration proceedings.

Findings of Court:
The timeframe for the Arbitral Tribunal to prepare and pronounce the Award has been extended to 30.06.2022.

Issues: The primary issue was whether to grant an extension for the arbitral tribunal's mandate beyond the previous deadline due to procedural delays.

Ratio Decidendi: The court emphasized the necessity to prevent undue delays in arbitration proceedings and upheld the extension of mandate based on prior circumstances and the acceptance of the respondent's counsel.

Result: Petition allowed.