ORDER

% 25.01.2024

1. This petition under Section 29A of the Arbitration and Conciliation Act, 1996 for extension of mandate of learned arbitral tribunal is resisted by the respondent on two grounds:-

a. That the petition was filed after the mandate of the learned arbitral tribunal had already been lapsed and;

b. That the petition is unsupported by an authorisation on behalf of the petitioner-company.

2. With regard to the first objection, it may be noted that this Court has taken the view in Wadia Techno-Engineering Services Ltd. v. Director General of Married Accommodation Project (2023 SCC OnLine Del 2990) and ATC Telecom Infrastructure (P) Ltd. v. BSNL (2023 SCC OnLine Del 7135) that petitions under Section 29A of the Act can be entertained even after the mandate of the tribunal has lapsed. A contrary view taken by the Calcutta High Court in a judgement dated 06.09.2023 in Rohan Builders (India) Pvt. Ltd. v. Berger Paints India Limited (A.P. 328/2023) and connected matters, is pending in the Supreme Court in SLP 23320/2023. In a further order dated 29.08.2023 in Vrindavan Advisory Services LLP v. Deep Shambhulal Bhanushali (A.P. 448/2023), the Calcutta High Court has followe