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2026 DAILYLAW 19169 (DEL)

GANNON DUNKERLEY AND COMPANY LTD v. UNION OF INDIA

O.M.P.(MISC.)(COMM.)/754/2026 · 2026-09-23

Vinod Kumar

body2026

Judgment text

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$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010455032026 + O.M.P.(MISC.)(COMM.) 754/2026 GANNON DUNKERLEY AND COMPANY LTD .....Petitioner Through: Mr. Arjun Syal, Mr. Rohit Kumar and Mr. Sahib Kochhar, Advs. versus UNION OF INDIA .....Respondent Through: Mr. P.S. Singh, SPC and Mr. Vanshul Pali, GP CORAM: HON'BLE MR. JUSTICE VINOD KUMAR % 23.09.2026 O R D E R 1. Exemption is allowed subject to all just exceptions. IA Nos. 26331/2026, 26332/2026 & 26333/2026 2. The applications are disposed of. 3. This is an application under Section 29A (4) and (5) of the Arbitration and Conciliation Act, 1996 (hereinafter the “act”) which has been filed on behalf of the applicant-petitioner. OMP (Misc)(Comm) 754/2026 4. The petitioner seeks extension of mandate of the learned Sole Arbitrator for a further period of eight months to enable the conclusion of the arbitral proceedings and rendering of the arbitral award. 5. Issue notice on the application. 6. Ld. Counsel appearing for the Respondent accepts notice. 7. It is submitted by learned counsel for the petitioner that the arbitral proceedings have substantially progressed. The pleadings and evidence of both parties stand concluded and the matter is presently at the stage of final This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2026 at 11:50:10 arguments. It is submitted that the final hearing, which was earlier scheduled for 25.08.2026, 26.08.2026 and 29.08.2026, has been rescheduled to 30.11.2026, 01.12.2026 and 02.12.2026. It is further submitted that the mandate of the learned Sole Arbitrator, as extended by consent of the parties, expired on 17.09.2026 and extension of the mandate is accordingly sought. 8. Ld. Counsel for the respondent has no objection if the mandate is extended as prayed by the applicant-petitioner. 9. This Court has considered the submissions made and perused the record. The Hon’ble Supreme Court in Rohan Builders (India) Private Limited v. Berger Paints India Limited, NC:2024 INSC 686, has held that an application under Section 29A(4) read with Section 29A(5) of the Act is maintainable even after expiry of the twelve-month or extended six-month period. The Court has further held that such extension may be granted only upon sufficient cause being shown. 10. In the present case, the arbitral proceedings have substantially progressed and the matter is presently at the stage of final arguments. In view of the aforesaid stage of the proceedings and the consent of the parties, I am of the opinion that it would be appropriate to extend the mandate of the learned Sole Arbitrator. Therefore, extension of mandate for a period of eight months is hereby granted with effect from 17.09.2026. 11. Accordingly, the Petition is allowed. VINOD KUMAR, J SEPTEMBER 23, 2026/cd This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2026 at 11:50:10