Delhi High Court Extends Sole Arbitrator’s Mandate Under Section 29A After Final Arguments Conclude, Granting Additional Time to Pronounce Reserved Arbitral Award
Delhi High Court Holds Extension Appropriate Where Arbitration Has Reached Final Stage and Award Is Awaited
Facts
The petitioner, Towell Engineering International LLP, filed a petition under Section 29A of the Arbitration and Conciliation Act, 1996, seeking a further extension of two months for the Sole Arbitrator to make and pronounce the arbitral award.
The arbitration proceedings were pending before Hon’ble Mr. Justice Vineet Saran (Retd.), former Judge of the Supreme Court of India, who had been appointed as the Sole Arbitrator by the Delhi High Court on 31 October 2023. The arbitral tribunal’s mandate had earlier been extended by mutual consent until 30 September 2025 and thereafter by the High Court until 14 June 2026. The petitioner submitted that final arguments had concluded, the matter had been reserved for award, and only additional time was required for preparation and pronouncement of the award owing to the voluminous record and complex technical issues involved.
Issues
- Whether the mandate of the Sole Arbitrator should be further extended under Section 29A of the Arbitration and Conciliation Act.
- Whether the stage of the proceedings and complexity of the dispute justified granting additional time for pronouncement of the award.
Petitioner’s Arguments
The petitioner submitted that the arbitration proceedings had substantially concluded. Final arguments had already been completed, the requisite stamp paper had been furnished, and the matter stood reserved for pronouncement of the award.
It was argued that considering the voluminous record and complex technical issues, the Sole Arbitrator had sought an additional period of two months to prepare and pronounce the award. The petitioner further pointed out that the respondent had also consented to the requested extension.
Respondent’s Arguments
The respondent did not oppose the request for extension. Both parties consented to granting the Sole Arbitrator additional time for preparing and delivering the arbitral award.
Analysis of the Law
The Court considered the scope of Section 29A of the Arbitration and Conciliation Act, 1996, which empowers the Court to extend the mandate of an arbitral tribunal where sufficient grounds exist.
The Court noted that the arbitration proceedings had already reached the final stage, with arguments concluded and the matter reserved for award. Since only preparation and pronouncement of the award remained, and both parties supported the extension, the Court found it appropriate to extend the tribunal’s mandate.
Precedent Analysis
The order is a brief procedural order and does not rely upon or discuss any judicial precedents. Relief was granted based on the stage of the arbitration proceedings, the reasons furnished by the Sole Arbitrator, and the consent of both parties.
Court’s Reasoning
Justice Om Prakash Shukla observed that the arbitration proceedings had effectively concluded, with only the award remaining to be delivered.
Considering that the dispute involved extensive records and technical issues requiring additional time for preparation of the award, and noting that both parties had consented to the request, the Court held that extension of the arbitral tribunal’s mandate was justified. The Court also regularised the intervening period up to the date of the order.
Conclusion
The Delhi High Court allowed the petition and extended the mandate of the Sole Arbitrator until 14 August 2026 to enable completion of the arbitration proceedings and pronouncement of the arbitral award. The intervening period up to the date of the order was also regularised, and the petition was disposed of accordingly.
Case Details
Case: Towell Engineering International LLP v. Cinda Engineering and Construction Private Ltd.
Court: High Court of Delhi
Case Number: O.M.P. (MISC.) (COMM.) 574/2026
Judge: Hon’ble Mr. Justice Om Prakash Shukla
Date: 31 July 2026
Result: Petition Allowed; the High Court extended the Sole Arbitrator’s mandate under Section 29A of the Arbitration and Conciliation Act until 14 August 2026 to enable pronouncement of the reserved arbitral award.
