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2025 DAILYLAW 2409 (HP)

HEMANT AGGARWAL AND ANOTHER v. M/S V. CARE BIOTECH AND OTHERS

OMP/1654/2025 · 2026-01-09

Gurmeet Singh Sandhawalia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Hemant Aggarwal Vs. M/s V. Care Biotech and others. Item No. (S-1) OMP No.1654 of 2025 in Arb. Case No.622 of 2023 09.01.2026 Present: Mr. Ram Murti Bisht, Advocate, for the applicant-petitioner. Mr. Subhash Sharma, Senior Advocate with Mr. Prantap Sharma, Advocate, for the non- applicants/respondents. OMP No.1654 of 2025 The present application under Section 29-A(4) and (5) of the Arbitration and Conciliation Act, 1966 has been filed by the applicant-petitioner for seeking extension of time of mandate of the Arbitrator, keeping in view the fact that the matter had come up before the learned Arbitrator and application under Order 1 Rule 10 CPC was filed on 07.11.2025, since the mandate had been extended till 31.12.2025 by an earlier order dated 23.05.2025 in OMP No.654 of 2025 by this Court. 2. In such circumstances, this Court is of the opinion that it would be clear from the order of the arbitral Tribunal also that there are lengthy pleadings and voluminous documents and therefore, the prayer has been made to extend the mandate of the Arbitrator for a period of six months beyond 31.12.2025. 3. Counsel for the applicants-respondents submits that he wishes to oppose the said application. This Court is of the considered opinion that even earlier on 08.08.2025, an effort was made by filing OMP Nos.1015 & 1016 of 2025 for re-calling the earlier extension of the mandate and this Court resultantly held that the letter and spirit of arbitration proceedings be defeated, if parties as such were to resort to such kind of litigation and contest even the extension of the mandate of the Arbitrator. Thus, for the said reasons, there would be no requirement to file the reply as such on behalf of the applicants-respondents. 4. Accordingly, the mandate of the Arbitrator is extended till 30.06.2026 to conclude the Arbitral proceedings. Therefore, the present application is allowed. 5. The application stands disposed off accordingly. (G.S. Sandhawalia) Chief Justice 9th January, 2026 (Munish Thakur)