- 1 - HC-KAR NC: 2026:KHC:563 WP No. 34402 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 34402 OF 2025 (GM-CPC) BETWEEN: SRI R. M. ESWAR NAIDU S/O SRI R. MUNISWAMY NAIDU, AGE ABOUT 53 YEARS R/AT NO.29-30, 4TH CROSS, J. P. NAGAR 7TH PHASE GOURAVANAGAR, BENGALURU – 560 078 …PETITIONER (BY SRI. CHIDANANDA P., ADVOCATE) AND: SRI. G. RAMANA BABU S/O LATE V. MUNISAMI NAIDU AGE ABOUT 55 YEARS R/A NO.124, 3RD MAIN, SUN CITY LAYOUT, J P NAGAR VII PHASE, BENGALURU – 560 078 …RESPONDENT (BY SRI. T. A. CHANDRASEKHAR, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING OR SETTING ASIDE THE ORDER DT- 27-9-2025 PASSED BY THE LXXXIX ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-90) IN COM.AA.NO.286/2025 IS AT ANNEXURE-L. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:563 WP No. 34402 of 2025 CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER This petition by the applicant in Com. A.A. No.286/2025 is directed against the impugned order dated 27.09.2025, whereby the application filed by the petitioner/applicant under Section 29A of the Arbitration and Conciliation Act, 1996 seeking extension of time for conclusion/completion of arbitration proceedings in A.C.No.345/2022 (CMP No.412/2022) was rejected by the trial Court. 2. Heard learned counsel for the petitioner and learned counsel for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that pursuant to an order dated 24.06.2022 passed in CMP No.412/2022, the learned Arbitral Tribunal entered upon reference in AC No. 345/2022, which are pending adjudication/consideration before the Arbitral Tribunal. However since the arbitral proceedings could not be completed within the prescribed period, the petitioner filed an application under Section 29A of the said Act of 1996 seeking extension of time. Though the - 3 - HC-KAR NC: 2026:KHC:563 WP No. 34402 of 2025 said application was not opposed by the respondent, the trial Court proceeded to pass the impugned order rejecting the application, aggrieved by which the petitioner is before this Court by way of the present petition. 4. A perusal of the impugned order will indicate that the trial Court has misdirected itself in placing reliance upon a Circular bearing RJ No. 1/2024 dated 03.01.2024 for the purpose of coming to the conclusion that it does not have jurisdiction to extend the time which is contrary to the principles laid down by the Apex Court in the case of Chief Engineer (NH) PWD (Roads) Vs. BSC & C and C JV – 2024 SCC OnLine SC 1801, wherein it is held as under: “2. The power under sub-Section (4) of Section 29A of the Arbitration Act vests in the Court as defined in Section 2(1)(e) of the Arbitration Act. It is the principal Civil Court of original jurisdiction in a district which includes a High Court provided the High Court has ordinary original civil jurisdiction.” 5. In view of the aforesaid judgment of the Apex Court in the case of Chief Engineer (NH) PWD (Roads) supra, I am of the considered opinion that the impugned order passed by the trial - 4 - HC-KAR NC: 2026:KHC:563 WP No. 34402 of 2025 Court deserves to be set aside and the application filed by the petitioner under Section 29A of the said Act of 1996 deserves to be allowed. 6. In the result, I pass the following: ORDER i) The petition is hereby allowed. ii) The impugned order dated 27.09.2025 in Com.AA.No.286/2025 on the file of LXXXIX Additional City Civil and Sessions Judge, Bengaluru (CCH-90) is hereby set aside. iii) The application Com.AA.No.286/2025 filed by the petitioner under Section 29A is hereby allowed. iv) The Arbitral Tribunal is directed to conclude/complete the arbitration proceedings in AC No.345/2022 (CMP No.412/2022) within a period of 6 months from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 28