M/S KBG ENGINEERS v. DELHI TOURISM AND TRANSPORTATION DEVELOPMENT CORPORATION LTD

Delhi High Court · 06 Jul 2026 · 2026:DHC:5401
Om Prakash Shukla
O.M.P.(MISC.)(COMM.) 477/2026 & O.M.P.(MISC.)(COMM.) 478/2026
2026:DHC:5401
civil other

AI Summary

The Delhi High Court extended the mandate of the Sole Arbitrator by six months under Section 29(A) of the Arbitration and Conciliation Act, 1996, regularizing the period after expiry to allow completion of arbitration proceedings.

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O.M.P.(MISC.)(COMM.) 477/2026 & O.M.P.(MISC.)(COMM.) 478/2026
HIGH COURT OF DELHI
O.M.P.(MISC.)(COMM.) 477/2026
M/S KBG ENGINEERS .....Petitioner
Through: Mr. Avinash Trivedi and Mr. Rahul Aggarwal, Advs.
VERSUS
DELHI TOURISM AND TRANSPORTATION DEVELOPMENT CORPORATION LTD .....Respondent
Through: Mr. Rajendra Singh Rana, Advs.
O.M.P.(MISC.)(COMM.) 478/2026
M/S KBG ENGINEERS .....Petitioner
Through: Mr. Avinash Trivedi and Mr. Rahul Aggarwal, Advs.
VERSUS
DELHI TOURISM AND TRANSPORTATION DEVELOPMENT CORPORATION LTD .....Respondent
Through: Mr. Rajendra Singh Rana, Advs.
CORAM:
HON'BLE MR. JUSTICE OM PRAKASH SHUKLA
ORDER(ORAL)
06.07.2026
JUDGMENT

1. The present petitions have been filed under Sections 29(A)(4) of the Arbitration and Conciliation Act, 1996[1] seeking extension of the mandate of the learned Sole Arbitrator by a further period of nine months and regularization of the period from 23.05.2026 till the date of passing of the present order. “the Act”, hereinafter

2. The dispute between the parties arise out of two separate contracts awarded by the respondent to the petitioner for construction works.

3. The disputes pertain to the petitioner’s claim arising out of execution of the said work and the alleged non-payment of the outstanding dues by the respondent.

4. Vide orders dated 27.03.2023, this Court appointed Hon’ble Mr. Justice J.R. Midha (Retd.) as the learned Sole Arbitrator to adjudicate the disputes between the parties.

5. It is to pertinent to note that the mandate of learned Sole Arbitrator was already extended by this Court vide order dated 22.08.2025 for a period of nine months.

6. Learned Counsel for the petitioner submits that in terms of the procedural order dated 16.04.2026 passed by the learned Sole Arbitrator, a further extension of nine months is required for completion of the arbitral proceedings and publication of the award.

7. Learned Counsel appearing for the respondent, on advance notice, submits that he has no objection to the extension of the mandate of the learned Sole Arbitrator.

8. It is well-settled that the mandate of an Arbitral Tribunal can be extended under Section 29(A) of the Act even after its expiry, provided sufficient cause is shown.

9. The parties are also ad idem with respect to the mandate of the learned Sole Arbitrator.

10. Considering that the mandate of the learned Sole Arbitrator had already been extended once by this Court for a period of nine months, and that the arbitral proceedings have substantially progressed with only the final arguments and publication of the award remaining, this Court is of the view that an extension of six months, instead of nine months as prayed for, would suffice.

11. Accordingly, the mandate of the learned Sole Arbitrator is extended by a further period of six months with effect from 23.05.2026. The period commencing from 23.05.2026 till the date of this order also stands regularized.

12. The petitions are disposed of in the aforesaid terms.

OM PRAKASH SHUKLA, J JULY 6, 2026