ORDER

% 01.02.2024

1. The petitioner has filed this petition under Section 29A of the Arbitration and Conciliation Act, 1996 [“the Act”], for extension of the mandate of the learned Arbitral Tribunal, which is in seisin of disputes between the parties under an agreement dated 17.05.2014. The Tribunal was constituted pursuant to an order of this Court dated 23.11.2021 in ARB.P. 138/2020.

2. I am informed that the proceedings are at the stage of cross- examination of the claimant’s witness.

3. Mr. Bhupesh Narula, learned counsel for the respondent, submits that the present petition has been filed after the lapse of the mandate of Builders (India) Pvt. Ltd. v. Berger Paints India Limited (2023 SCC OnLine Cal 2645) and connected matters. However, this Court has taken a contrary view in ATC Telecom Infrastructure (P) Ltd. v. BSNL (2023 SCC OnLine Del 7135), and has expressly dissented from the view taken by the Calcutta High Court in Rohan Builders (India) Pvt. Ltd. vs. Berger Paints India Limited. The petition is therefore not liable to be rejected on this ground.

4. There is no other objection to the relief sought in this petition.

5. In view of the above, the petition is allowed,