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High Court of Gujarat

ABHISHEK SURESH MEHTAversusM/S PARTH DEVELOPERS

Disposal
26-DISMISSED @ ADM.STAGE

Holding

An application to extend the arbitrator’s mandate under Section 29A(4) must be filed before the court defined in Section 2(1)(e) of the Arbitration and Conciliation Act, 1996, and the High Court lacks jurisdiction to entertain such petitions under Rule 34.6 of the Gujarat Arbitration Centre Rules.

Summary

The petitioners sought a further six‑month extension of the sole arbitrator’s mandate in an arbitration governed by the Gujarat Arbitration Centre Rules, 2021, invoking Section 29A(4) of the Arbitration and Conciliation Act, 1996. The respondents contended that, following the Supreme Court’s decision in Jagdeep Chowgule v. Sheela Chowgule, only a court competent to entertain a Section 34 challenge can extend the mandate, rendering the High Court without jurisdiction. The Court examined the statutory scheme of Section 29A, the definition of “Court” in Section 2(1)(e), and the hierarchy between institutional rules and the Act. It held that the Supreme Court’s interpretation prevails and that Rule 34.6 of the Gujarat Rules cannot override Section 29A(4). Consequently, the petitions for extension were dismissed as non‑maintainable, and the related civil applications were declared infructuous.

Issues considered

  • The proper forum for filing an application under Section 29A(4) to extend the arbitrator’s mandate after the statutory period has expired.
  • Whether Rule 34.6 of the Gujarat Arbitration Centre Rules, 2021 can confer jurisdiction on the High Court to extend the mandate notwithstanding the Supreme Court’s interpretation of Section 29A.
  • The extent to which party autonomy can allow parties to choose a court different from that defined in Section 2(1)(e) for extending the mandate.

Legislation cited

Subjects

ArbitrationSection 29AMandate extensionParty autonomyHigh Court jurisdictionArbitration Centre RulesJudicial supervisionCivil Procedure

Judgment

 C/ARBI.P/145/2025                               CAV JUDGMENT DATED: 02/07/2026




                                               Reserved On   : 23/04/2026
                                               Pronounced On : 02/07/2026

            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/PETN. UNDER ARBITRATION ACT NO. 145 of 2025
                                 With
          CIVIL APPLICATION (FOR AMENDMENT) NO. 1 of 2025
          In R/PETN. UNDER ARBITRATION ACT NO. 145 of 2025
                                 With
           R/PETN. UNDER ARBITRATION ACT NO. 304 of 2025
                                 With
               R/MISC. CIVIL APPLICATION NO. 773 of 2026
                                   In
            R/PETN. UNDER ARBITRATION ACT NO. 39 of 2025

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE NIRAL R. MEHTA
==========================================================

            Approved for Reporting               Yes           No
                                                
==========================================================
                     ABHISHEK SURESH MEHTA & ORS.
                                 Versus
                      M/S PARTH DEVELOPERS & ORS.
==========================================================
Appearance:
MR RUTUL P DESAI(6498) for the Petitioner(s) No. 1,2,3
MAYANK K TRIVEDI(7906) for the Respondent(s) No. 6,7
MR KK TRIVEDI(934) for the Respondent(s) No. 6,7
MR MEHUL SHARAD SHAH(773) for the Respondent(s) No. 1,2,3,4,5
==========================================================
  CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA


                            CAV JUDGMENT

1.              By way of the present petitions filed
under Section 29A(4) and (5) of the Arbitration
and Conciliation Act, 1996 read with Rule 34.6 of



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the          Arbitration               Centre              (Domestic              and
International),                High     Court         of      Gujarat        Rules,
2021, the petitioners have approached this Court
seeking extension of the mandate of the learned
Sole Arbitrator, Hon’ble Ms. Justice H.N. Devani
(Retd.), in Arbitration Case No. 6 of 2022. The
prayer is to extend the time for a further period
of     six       months        from     the          expiry    of      the      last
extended             period,    i.e.       20th      December,        2025,       and
thereafter for a further period of six months
from 20th June, 2026, in the interest of justice,
so as to enable the learned Sole Arbitrator to
pronounce and publish the arbitral award.

2.              The brief facts necessary for deciding
the present petitions are as under:

2.1             The       arbitration                  proceedings              were
initiated             pursuant        to      the       order       dated         07th
January, 2022 passed by the High Court of Gujarat
appointing Hon’ble Ms.Justice H.N. Devani (Retd.)
as      the          learned     Sole          Arbitrator           under         the
Arbitration Centre (Domestic and International),
High Court of Gujarat Rules, 2021. The parties
were governed by the said Rules, and upon her
appointment, the learned Sole Arbitrator entered
upon      the        reference        to    adjudicate          the      disputes
between the parties.



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2.2             The        claimant         filed           its     Statement            of
Claim on or about 28th February, 2022. Respondent
Nos.1,         2,     3     and    5      filed        their         Statement           of
Defence         along       with       Counter         Claim         on     12 th    May,
2022.        Respondent            No.4      filed          its      Statement           of
Defence          on    09th       May,     2022,        whereas           respondent
Nos.6 and 7 filed their Statement of Defence and
Counter         Claim       on     13th     May,       2022.         The      claimant
thereafter filed its rejoinder as well as its
Statement of Defence to the respective Counter
Claims on or about 20th June, 2022. Accordingly,
in terms of Rules 24 and 25 read with Rule 34.4
of the Rules, 2021, the pleadings stood completed
on 20th June, 2022, from which date the statutory
period of twelve months commenced.

2.3             Upon         completion                of         pleadings            and
settlement of the terms of reference, the parties
undertook the process of admission and denial of
documents and thereafter led oral evidence. In
all, nineteen witnesses were examined and cross-
examined before the learned Tribunal. The cross-
examination                was         extensive              and         ultimately
concluded             on    22nd    September,               2023.        Since        the
initial          period       of       twelve          months         was      due       to
expire, the parties, by consent, filed a pursis
under Rule 34.5 of the Rules, 2021 extending the
mandate of the learned Tribunal by six months,


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and accordingly the period stood extended up to
20th December, 2023.

2.4             Thereafter, when the matter had reached
the     stage         of    final     hearing             and     the      extended
period was due to expire on 20th December, 2023,
the applicants filed Arbitration Petition No.190
of     2023          seeking     a    further             extension         of      six
months. By order dated 20th December, 2023, this
Court extended the mandate of the learned Sole
Arbitrator up to 20th June, 2024.

2.5             During       the     said       extended           period,          the
learned         Tribunal         heard     and        concluded          the      oral
arguments of all the parties on 11th April, 2024.
Thereafter,                the      matter           was        reserved            for
pronouncement               of     the      arbitral             award,          while
granting one month’s time to the parties to file
their written submissions.

2.6             Having regard to the voluminous record
and      the         complex       issues           arising        out      of      the
business transactions of the partnership firm and
the inter se disputes between the partners, the
learned          Tribunal        required            additional           time        to
prepare and pronounce the arbitral award. Since
it     was       not       likely     that          the     award        could        be
pronounced before 20th June, 2024, the applicants
preferred IAP No.116 of 2024 seeking a further


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extension of six months.

2.7             As the extended period was thereafter to
expire         on     20th    December,          2024,      the     applicants
filed Arbitration Petition No.39 of 2025 seeking
a further extension of six months, i.e. upto 20th
June, 2025. The said petition came to be allowed
by this Court by order dated 13th March, 2025.

2.8             Even as on the date of filing of the
present         petitions,        the       arbitral        award       has      not
been      pronounced.           It     has      been      stated      that       the
learned Sole Arbitrator requires further time and
that the award is not likely to be pronounced
before         20th    June,      2025.          The      applicants         have,
therefore,            filed     the     present        petitions         seeking
extension of the mandate for a further period of
six months from 20th June, 2025 to enable the
learned Sole Arbitrator to pronounce the arbitral
award.

3.              Heard        learned      Senior       Advocate         Mr.Deven
Parikh with learned Advocate Mr.Rutul Desai for
the petitioners, Learned Advocate Mr.Mehul Sharad
Shah       for       respondent         Nos.1        to    5    and      Learned
Advocate Mr.K.K. Trivedi for respondent Nos.6 and
7.

4.              At     the     outset,          learned        advocate          Mr.


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Mehul Shah appearing for the respondent raised a
preliminary            objection        by     placing           reliance          upon
the recent decision of the Apex Court in Jagdeep
Chowgule v. Sheela Chowgule reported in 2026 INSC
92. It was contended that, in view of the said
decision, the jurisdiction to extend the mandate
of an arbitral tribunal under Section 29A(4) of
the Arbitration and Conciliation Act, 1996 vests
only      in         the    Court    competent             to      entertain           an
application                under    Section          34      challenging             the
arbitral award.

4.1             Learned        Advocate             also      relied         on      the
following judgments to buttress his submissions:

       (i)                 Mohan Lal Fatehpuria v. M/s.Bharat
                           Textiles [SLP (C) No.13779 of 2025],

       (ii)                Budhia Swain v. Gopinath Deb [(1999)
                           4 SCC 396],

       (iii)               Rohan Builders (India) Pvt. Ltd. v.
                           Berger Paints India Ltd. [(2025) 10
                           SCC 802],

       (iv)                Chiranjilal      Shrilal                            Goenka
                           (Deceased) through Lrs.                      v.     Jasjit
                           Singh [(1993) 2 SCC 507],

       (v)                 Nimet Resources Inc. v. Essar Steels
                           Ltd. [(2009) 17 SCC 313],

       (vi)                Chief Engineer (NH) PWD (Roads) v.
                           BSC & C and C JV [2024 SCC OnLine SC
                           1801],


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       (vii)          Petition    under    Arbitration Act
                      No.132 of 2024 decided by the High
                      Court of Gujarat vide order dated
                      22nd November, 2024,

       (viii)         Coimbatore      Integrated      Waste
                      Management Company Pvt. Ltd. v.
                      Coimbatore       City       Municipal
                      Corporation [2026 LawSuit (Mad) 83],

       (ix)           C B Ramkumar S/o. Late I B Menon:
                      Lalitha Ramkumar W/o C B Ramkumar v.
                      M/s.Himalaya Prime Assets Pvt. Ltd.
                      [2026 LawSuit (Kar) 223],

       (x)            Era International v. Aditya Birla
                      Global Trading India Pvt. Ltd. [2024
                      SCC OnLine Bom 835].

4.2             Learned Advocate Mr.Shah, on the basis
of the aforesaid, requested this Court not to
entertain the present petition.

5.              Per    contra,      learned      Senior          Advocate
Mr.Deven Parikh appearing for the petitioner made
the following submissions:

5.1             Learned   Senior       Advocate     submitted           that
while appointing the learned Sole Arbitrator by
order         dated     07th     January,       2022        passed          in
Arbitration Petition No.91 of 2020, this Court
specifically            directed        that    the        arbitration
proceedings shall be governed by the Arbitration
Centre (Domestic and International), High Court
of Gujarat Rules, 2021, and that both parties


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shall        be       bound      by    the           said      Rules.         It      was
submitted that the parties have all throughout
acted in accordance with the said Rules without
raising any objection. Therefore, it is no longer
open      for        the    respondent           to     contend             that      the
petition             for    extension         of       the       mandate           under
Section          29A(4)       cannot       be        entertained             by     this
Court       by       overlooking         Rule         34.6       of     the     Rules,
2021.         It       was,      therefore,                 urged        that         the
preliminary objection deserves to be rejected.

5.2             It was further submitted that all the
earlier          applications           seeking         extension              of     the
mandate were filed before this Court under Rule
34.6 of the Rules, 2021 and no objection was ever
raised        by      the    respondent.              Having        accepted          the
applicability               of    Rule        34.6          on        the     earlier
occasions, the respondent cannot now contend that
the petitioners should approach the civil court
for extension of time.

5.3             Learned       Senior        Advocate             submitted          that
the Rules, 2021 continue to hold the field and
have not been challenged. The said Rules, having
statutory force, are binding on the parties. Rule
34.6      specifically            empowers            the       High        Court       to
extend the mandate of the arbitral tribunal on an
application            made      by    any       party.           Therefore,            in



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terms of the statutory Rules, this Court alone
has the jurisdiction to extend the mandate and
the petitioners cannot be relegated to the civil
court under Section 29A(5) of the Act.

5.4             It      was    next         submitted             that      party
autonomy is the cornerstone of arbitration law.
Parties         are     free   to      adopt,        by     agreement,          the
rules that would govern the arbitral proceedings.
In      the          present     case,         having        accepted           the
applicability             of     the      Rules,           2021     by      their
conduct, the parties cannot now depart from the
said Rules.

5.5             It was submitted that by referring the
disputes to arbitration in accordance with the
Rules, 2021, this Court had referred the matter
to an institutional arbitration. In the absence
of      any          objection      to        such         reference,           the
respondents cannot now dispute the jurisdiction
of this Court to extend the mandate under Rule
34.6. It was further submitted that the decision
in Jagdeep Chowgule (supra) does not deal with
institutional            arbitration               where    the      governing
rules of the institution specifically confer such
power upon the High Court.

5.6             Learned          Senior             Advocate             further
submitted that, in arbitration, parties are not


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only free to adopt the procedure governing the
proceedings but are also entitled to agree upon
the     forum         exercising           supervisory           jurisdiction.
Therefore, once the parties accepted the Rules,
2021, Rule 34.6 alone would govern the extension
of the mandate. It was contended that, in the
peculiar facts of the present case, where the
Hon’ble the Chief Justice referred the disputes
to     the           Arbitration          Centre          with      a      specific
direction that the Rules, 2021 would apply, any
extension             of    the    mandate             must    necessarily            be
sought under Rule 34.6 before this Court.

5.7             It     was       also      submitted           that      the      High
Court Arbitration Centre is entitled to provide,
under its Rules, that its proceedings shall be
supervised by the High Court alone and not by the
District Court. Consequently, Rule 34.6 confers
jurisdiction exclusively upon the High Court to
extend the mandate of the arbitral tribunal.

5.8             Lastly,           it     was           submitted        that        the
Arbitration Centre has framed a complete set of
Rules           governing              institutional               arbitration,
including Rule 34.6 relating to extension of the
mandate.             Once    the       parties          have    chosen         to     be
governed by those Rules, the procedure prescribed
therein          must       be     followed.             According          to      the



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learned           Senior      Advocate,             the      parties           having
agreed        to     the     supervisory            jurisdiction             of     the
High Court in matters relating to extension of
the      mandate,           such    an     arrangement               is     neither
inconsistent with nor contrary to the fundamental
policy of the Arbitration and Conciliation Act,
1996.        It      was,     therefore,             submitted           that       the
principle of party autonomy permits the parties
to     adopt         such     procedural             framework            even        in
matters concerning Section 29A of the Act.

5.9             By    making       above            submissions,            learned
Senior Advocate requested this Court to reject
the        preliminary             objection              raised          by        the
respondents.

5.10            To          substantiate                  the             aforesaid
contentions,           Learned       Senior          Advocate           relied        on
the following decisions:

       (i)            Reliance Industries Ltd. v. Union of
                      India [(2014) 7 SCC 603];

       (ii)           Amazon.com NV Investment Holdings
                      LLC v. Future Retail Ltd. [(2022) 1
                      SCC 209];

       (iii)          Hindustan Construction Company Ltd.
                      Through   its  Authorised  Signatory
                      Yogesh Dalal v. Bihar Rajya Pul
                      Nirman Nigam Ltd. [2025 LawSuit (SC)
                      1542] and



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       (iv)           P.R. Shah Shares and Stock Brokers
                      Pvt. Ltd. v. B.H.H. Securities Pvt.
                      Ltd. [(2012) 1 SCC 594].


6.              Learned advocate Mr.Amit Thakkar adopted
the       submissions          advanced          by      learned          Senior
Advocate Mr.Deven Parikh. However, in so far as
Miscellaneous Civil Application No.773 of 2026 in
Arbitration Petition No.39 of 2025 is concerned,
he questioned its maintainability by relying upon
the     provisions        of    Order      XLVII        of     the     Code       of
Civil Procedure, 1908.

6.1             It was submitted that the Explanation to
Order       XLVII      makes    it    abundantly             clear       that      a
judgment cannot be reviewed merely because the
legal        position      on     which          it     was       based          has
subsequently           been     reversed         or      modified           by         a
superior court in another case. According to the
learned advocate, the present Miscellaneous Civil
Application is founded entirely on the decision
of the Apex Court in Jagdeep Chowgule (supra),
rendered on 29th January, 2026.

6.2             It was further submitted that the orders
sought to be reviewed and recalled were passed on
13th March, 2025 and 21st March, 2025, much prior
to the pronouncement of the judgment in Jagdeep
Chowgule             (supra).     Therefore,               a       subsequent


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declaration           of     law     by    the      Apex        Court       cannot
furnish a ground to seek review of orders passed
before         such        declaration.            It    was,        therefore,
contended            that      the        review          application               is
misconceived and deserves to be dismissed.

7.              In rejoinder, learned advocate Mr. Shah
made the following submissions:

7.1             It was submitted that no distinction can
be drawn between an institutional arbitration and
an ad hoc arbitration so far as the applicability
of the Arbitration and Conciliation Act, 1996 is
concerned. According to the learned advocate, the
provisions of the Act apply uniformly to both
forms of arbitration.

7.2             Learned advocate further submitted that
when        Rule      34.6      of        the      Arbitration              Centre
(Domestic            and     International),               High       Court         of
Gujarat Rules, 2021 was framed, the jurisdiction
to extend the mandate under Sections 29A(4) and
29A(5) vested in the High Court, and therefore
the       expression           “High         Court”           came         to       be
incorporated in the said Rule. It was contended
that, in any case, the Rules of the Arbitration
Centre         cannot       override       the      provisions             of     the
Arbitration and Conciliation Act, 1996. According
to the learned advocate, in view of the recent


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decision of the Apex Court interpreting Section
29A(4), it has now been authoritatively held that
the expression “Court” refers to the court having
jurisdiction               to    entertain              an   application             under
Section          34       of     the    Act.        Consequently,                to     the
extent Rule 34.6 is inconsistent with the said
interpretation of Section 29A(4), it cannot be
given effect to.

7.3             On        the    aforesaid              submissions,            learned
advocate             for    the       respondents             prayed         that       the
preliminary objection be upheld.

CONTROVERSY BEFORE THE COURT AS FOLLOWS:

8.              Having            considered                 the         submissions
advanced             by     the        learned           advocates            for       the
respective             parties          and        upon        perusal          of      the
material             placed            on     record,             the        following
questions arise for determination:

(i)             Whether,          in        the    facts         of     the     present
                case,           the    jurisdiction               to     extend         the
                mandate of the learned Sole Arbitrator
                is to be determined in accordance with
                Section          29A(4)        of       the     Arbitration             and
                Conciliation                Act,        1996,     as     interpreted
                by the Apex Court in Jagdeep Chowgule
                (supra), or in accordance with Rule 34.6



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                of the Arbitration Centre (Domestic and
                International),            High        Court       of     Gujarat
                Rules,     2021,       which           the       parties          had
                agreed to be governed by?

(ii)            Whether the principle of party autonomy
                permits the parties, either by agreement
                or by adopting institutional arbitration
                rules, to confer jurisdiction upon the
                High Court to entertain an application
                for extension of the arbitral tribunal’s
                mandate,    notwithstanding                  the     scheme         of
                Section     29A       of      the        Arbitration              and
                Conciliation Act, 1996?

(iii)           Whether    Rule       34.6        of      the      Arbitration
                Centre     (Domestic              and       International),
                High Court of Gujarat Rules, 2021 can
                operate     independently                of,       or     prevail
                over,      the        jurisdictional                    framework
                contained        in        Section            29A        of       the
                Arbitration and Conciliation Act, 1996?

9.              So as to decide the aforesaid question,
in my view, provisions of Section 29A(4) deserves
consideration. For the sake of brevity, the same
is hereby reproduced hereunder:




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                “29A.   Time           Limit       for         arbitral
                award.-

                (1) …        …   …
                (2) …        …   …
                (3) …        …   …

                (4) If the award is not made within
                the period specified in sub-section
                (1) or the extended period specified
                under sub-section (3), the mandate of
                the   arbitrator(s)   shall   terminate
                unless the Court has, either prior to
                or after the expiry of the period so
                specified, extended the period:

                     Provided that while extending the
                period under this sub-section, if the
                Court finds that the proceedings have
                been    delayed    for   the    reasons
                attributable to the arbitral tribunal,
                then, it may order reduction of fees
                of arbitrator(s) by not exceeding five
                per cent for each month of such delay:

                    Provided further that where an
                application under sub-section (5) is
                pending, the mandate of the arbitrator
                shall continue till the disposal of
                the said application:

                    Provided also that the arbitrator
                shall be given an opportunity of being
                heard before the fees is reduced.”

10.             A plain reading of Section 29A of the
Arbitration and Conciliation Act, 1996 makes it
evident              that,   except      in      the     case        of       an
international                commercial          arbitration,               the


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arbitral              tribunal        is      required         to      make        the
arbitral award within a period of twelve months
from the date of completion of pleadings under
Section              23(4)       of   the       Act.      The       time        limit
prescribed                by    the   legislature         is     mandatory           in
nature         and         forms      an      integral         part        of      the
statutory                      framework           governing              arbitral
proceedings.

                Under           Section      29A(3),       the      legislature
has consciously preserved the principle of party
autonomy             by    permitting         the      parties,       by     mutual
consent, to extend the mandate of the arbitral
tribunal for a further period not exceeding six
months.              Thus,       to    that        limited        extent,          the
continuation of the arbitral proceedings remains
within the control of the parties.

                However, the statutory scheme undergoes
a marked change once the initial period of twelve
months and the consensual extension of six months
expire. Section 29A(4) expressly provides that,
upon expiry of the said period, the mandate of
the     arbitral               tribunal     stands      terminated           unless
the Court extends the period. At that stage, the
legislature has consciously withdrawn the matter
from the domain of party autonomy and entrusted
it to judicial supervision. The continuation of



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the arbitral tribunal thereafter depends solely
upon an order of the Court passed on sufficient
cause         being             shown    and        on     such           terms      and
conditions as it may deem fit. The Court is also
empowered, if the circumstances so warrant, to
substitute                the    arbitrator             while     granting         such
extension.

                The        scheme       of    Section           29A,      therefore,
reflects             a    careful       legislative             balance      between
party autonomy and judicial oversight. While the
parties enjoy complete freedom to grant a one-
time extension of six months by mutual consent,
any further continuation of the arbitral tribunal
is placed exclusively under the control of the
Court. The provision is not merely procedural;
rather, it constitutes a self-contained statutory
mechanism                regulating      the       time     within         which       an
arbitral award is to be made and prescribing the
manner         in         which    the       mandate        of     the      arbitral
tribunal             may        continue        beyond          the       prescribed
period.

10.1            Section           29A     thus          imposes       a    statutory
obligation upon the arbitral tribunal to render
its award within a maximum period of eighteen
months, comprising the original period of twelve
months and the additional six months that may be



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granted by consent of the parties. Beyond this
period, the mandate can continue only upon an
order of the Court under Section 29A(4).

                Viewed     from         this         perspective,              neither
the parties nor an arbitral institution can, by
agreement or by institutional rules, provide for
any       mechanism           permitting               extension             of      the
tribunal’s            mandate      beyond            the    statutory          period
without recourse to the Court. Significantly, the
Act does not carve out any exception excluding
institutional arbitrations seated in India from
the      operation            of    Section            29A.       Consequently,
irrespective of whether the arbitration is ad hoc
or institutional, any extension of the arbitral
tribunal’s            mandate      beyond            the    statutory          period
must necessarily be sought from the “Court” as
understood            under        Section           29A      read       with        the
definition contained in Section 2(1)(e) of the
Act.

11.             At     this    stage,          this        Court        cannot           be
under       any       oblivion      with        regard          to     the     recent
pronouncement of the Apex Court in the case of
Jagdeep         Chowgule       (supra).              It    would       be      apt       to
consider             the   relevant           portion            of      the       said
decision. The same is quoted as under:

                “5.           As   we   begin         to   examine       the      very


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               same questions, ably canvassed before us by
               Mr. Abhay Anil Anturkar and Mr. Amit Pai,
               learned counsels for the appellant and the
               respondents respectively, we would prefer to
               reframe the question, which is as simple and
               straight forward as follows:-

                    If an arbitral tribunal - appointed by
                    the   High  Court   or   by  the   parties
                    concerned – does not complete proceedings
                    within the required or extended time
                    limit, can an application to extend time
                    under Section 29A of the Act can be filed
                    before the High Court or the Civil Court?

               6.        We are of the opinion that there
               was no need to split the questions into two,
               one for a situation when the High Court
               constitutes   the  arbitral   tribunal   under
               Section 11(6) and the other, when the parties
               themselves constitute it under Section 11(2).
               Perhaps by asking the wrong questions, the
               Division Bench arrived at wrong answers. It
               is not just this Division Bench, in fact this
               perceived duality in the appointment process
               has   given  rise   to  divergent   views   of
               different High Courts. Before we deal with
               the divergent views of the High Court,
               followed by our analysis, short and necessary
               facts are as follows.

               IV. Divergence in the opinion of the High
               Courts on interpretation of “Court” under
               Section 2(1)(e) of the Act

               8.   A large number of decisions of the High
               Courts on interpretation of Section 29A of
               the Act can be categorized into following two
               streams.

               A. Judgments taking the view that ‘Court’ in
               Section 29A is Court as defined in Section
               2(1)(e).

               9. The first stream of High Court decisions
               in Mormugao Port Trust v. Ganesh Benzoplast
               Ltd. [WP No. 3 of 2020 (High Court of Bombay
               at Goa)], M/s A'Xykno Capital Services
               Private Ltd. V State of UP [2023 SCC OnLine


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               AII 2991], and Dr. VV Subbarao v. Dr. Appa
               Rao Mukkamala & Ors. [2024 SCC OnLine AP
               1668], hold that the expression ‘Court’ in
               Section 29A is the Court as defined under
               Section 2(1)(e), irrespective of the event
               that the arbitral tribunal was constituted by
               the Supreme or High Courts under Section
               11(6) or by consent of parties under Section
               11(2) of the Act. They hold that, once an
               arbitrator has been appointed through the
               judicial process, the Courts become functus
               officio and applications seeking extension of
               mandate under Section 29A are to be filed
               before Court as defined in Section 2(1)(e).

               9.1 Further, as per this stream of decisions,
               the text of the legislation is unambiguous.
               Neither a High Court not having original
               ordinary civil jurisdiction has been included
               with   regard  to   entertainability   of   an
               application   under   Section   29A,   nor   a
               Principal Civil Court has been excluded from
               Section 2(1)(e) for purpose of Section 29A.
               Some of these decisions clarify that, when
               the   legislature   intended   to    delineate
               jurisdictions, requisite provisions have duly
               been made, as exemplified through Sections 47
               and 57, whereby jurisdiction of Civil Courts
               is expressly excluded. Further, Section 29A
               stipulates no distinction between arbitrators
               appointed with the consent of parties or by
               Constitutional Courts under Section 11.
               B. Other stream of judgments interpreting
               Court in Section 29A in the ‘context’ to
               disapply Section 2(1)(e).

               10. The    second   stream  of   High   Court
               decisions in Nilesh Ramanbhai Patel v.
               Bhanubhai Ramanbhai Patel [2018 SCC OnLine
               Guj 5017], Cabra Instalaciones Y. Servicios
               v. Maharashtra State Electricity Distribution
               Co. Ltd. [2019 SCC OnLine Bom 1437], DDA v.
               Tara Chand Sumit Construction Co. [2020 SCC
               OnLine Del 2501], Amit Kumar Gupta v. Dipak
               Prasad [2021 SCC OnLine Cal 2174], Magnus
               Opus IT Consulting Pvt Ltd v. Artcad Systems
               [2022 SCC OnLine Bom 2861], Indian Farmers
               Fertilizers Cooperative Limited v. Manish


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               Engineering Enterprises [2022 SCC OnLine All
               150], Best Eastern Business House Pvt. Ltd.
               v. Mina Pradhan [2025 SCC OnLine Cal 7997],
               Ovington Finance Pvt Ltd. v. Bindiya Naga
               [2023   SCC   OnLine  Del   8765],   K.I.P.L.
               Vistacore Infra Projects J.V. v. Municipal
               Corporation of the city of Ichalkarnj [2024
               SCC Online Bom 327], M/S Geo Miller Company
               Private Limited v. UP Jal Nigam and Ors.
               [2024 SCC OnLine All 1676], Best Eastern
               Business House Pvt. Ltd. v. Mina Pradhan
               [2025 SCC OnLine Cal 7997], and M/s. Premco
               Rail Engineering Ltd. v. Indian Institute of
               Technology, Indore [Arbitration Case No.88 of
               2025 (High Court of Madhya Pradesh)] hold
               that in cases where the appointment of
               arbitrator is by the High Court under Section
               11(6), applications for extension of time
               under Section 29A cannot be made before Civil
               Courts.     The primary concern in these
               decisions is, if the expression “Court” in
               Section 2(1)(e) is interpreted to mean only
               the Court as defined there, it will create a
               jurisdictional anomaly, that is, the High
               Court would be appointing the arbitrator and
               the Civil Court, a Court inferior to it,
               could be asked to extend the arbitrator’s
               mandate and would also have the jurisdiction
               to substitute the arbitrator appointed by the
               High Court.

               10.1      It    is    reasoned   that   as  the
               exclusive power of appointment of arbitrator
               under Section 11 is of the Supreme Court or
               the High Courts, the ancillary power of
               extension or substitution can only be of
               these   Courts,    or   else   a  situation  of
               “conflict of power” between the Civil Court
               and the High Court would arise in cases of
               domestic arbitration and a similar conflict
               would arise between the High Court and the
               Supreme Court in cases of international
               commercial arbitration.

               10.2      To obviate the situation, these
               lines of decisions adopt the interpretative
               principle of giving “contextual” meaning to
               the expression ‘Court’ in Section 29A by


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               referring and relying on the phrase “in this
               Part, unless the context otherwise requires”
               in Section 2(1) of the Act. The High Courts,
               for instance the High Court of Gujarat in
               Nilesh Ramanbhai Patel (Supra) followed by
               the Delhi High Court in DDA v. Tara Chand
               (Supra) [2020 SCC OnLine Del 2501] were
               troubled by the power of principal Civil
               Court to substitute arbitrators appointed by
               the High Court. To resolve this complexity,
               they have taken the view that “Court” under
               Section 29A for extension of the mandate of
               the arbitral tribunal in the context of the
               arbitral tribunal being constituted by the
               High Court or the Supreme Court under Section
               11(6), shall not be the “Court” as defined in
               Section 2(1)(e), but the High Court or the
               Supreme Court under Section 11(6).

               12.        The Arbitration and Conciliation
               Act, 1996 is a complete code. While Chapter I
               of the Act relates to definitions, limits of
               judicial intervention and waiver. Chapter II
               defines    the   scope    of     an   arbitration
               agreement, the obligation of a judicial
               authority to refer the parties to the
               agreement to arbitration and power of the
               Court to provide interim measures. Chapter
               III relates to the initiation and composition
               of arbitral tribunal, as also the procedure
               and     remedies      for    challenging      the
               appointments.     Chapter     IV    relates    to
               jurisdiction   of    arbitral    tribunals,   its
               powers to examine its own competence and also
               to provide interim measures. Chapter V deals
               with the conduct of arbitral proceedings. The
               process of making of award and termination of
               arbitral proceedings is dealt with in Chapter
               VI. Finally, Chapters VII, VIII and IX relate
               to judicial remedies for challenging the
               award, appeal, finality and enforcement.

               True Text and Context of Section 29A

               16.       As we move away from the process of
               “Appointment of Arbitrators” under Section 11
               and arrive at the “Conduct of Arbitral
               Proceedings” and “Making of Arbitral Award


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               and   Termination”,    which   procedures   are
               articulated in Chapters V and VI, we notice
               the   Parliament’s   endeavour   to   introduce
               principles of integrity and efficiency in
               working   of   the   alternative    remedy   by
               prescribing time limits. This is an important
               feature, introduced through Section 29A,
               w.e.f.   23.10.2015.    The  Section   in   its
               entirety has already been extracted for ready
               reference, but a holistic reading of the
               provision with other parts of the Act
               mandates as follows;

                    (i) Sub-Section (1) of Section 29A mandates
                    that the award shall be made within 12
                    months of the completion of pleadings
                    before the Arbitral Tribunal. While sub-
                    Section (2) incentivises expeditious making
                    of the Award, proviso to sub-Section (4)
                    and sub-Section (8) authorises the Court to
                    impose penalty for delay in making the
                    award.

                    (ii) Sub-Section (3) enables parties, by
                    consent, to extend the period of 12 months
                    for making the award by a further period
                    not exceeding 6 months.

                    (iii) If the award is not made within the
                    stipulated period of 12 months or the
                    extended period of 6 months, the mandate of
                    the arbitrator(s) shall terminate.

                    (iv) This termination is subject to the
                    power of the Court to extend the period.

                    (v) The ‘Court’ under Section 29A shall be
                    the   Civil  Court   of  ordinary   original
                    jurisdiction in a district and includes the
                    High Court in exercise of its original
                    civil jurisdiction under Section 2(1)(e),
                    and shall not be the High Court or the
                    Supreme Court under Section 11(6) of the
                    Act. Equally, Section 42 of the Act
                    relating to jurisdiction for application
                    will not apply to Section 11 of the Act.

                    (vi) There is no statutorily prescribed
                    time limit for the Court to exercise its
                    power under Section 29A(4) for extending
                    the period, except for its own restraint.



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                    The Court can exercise the power before or
                    after the expiry of the period under sub-
                    Sections 29A(1) or (3). Further, there is
                    no   prescription    of    outer   limit   for
                    extending time for conclusion of arbitral
                    proceedings. Given this power, the Court
                    will   exercise   it    with   circumspection,
                    balancing the remedy with rights of other
                    stake holders.

                    (vii) The power of the Court to extend the
                    time under sub-Section (4) may be exercised
                    on an application by any of the parties.
                    Once such an application for extension of
                    time is pending, the mandate of the
                    arbitrator shall continue till the disposal
                    of such application under sub-Section (9).
                    The Court shall also endeavour to dispose
                    of such an application within 60 days.

                    (viii)     Under   Section     29A(6),    while
                    exercising the power of extension, it shall
                    be open to the Court to substitute one or
                    all     the    arbitrators.     This    is    a
                    discretionary power that the Court would
                    exercise in the facts and circumstances of
                    the     case.    Upon     substitution,     the
                    reconstituted tribunal shall be deemed to
                    be   in   continuation    of   the   previously
                    appointed tribunal as per Section 29A(7)
                    and shall continue from the stage already
                    reached and on the basis of evidence
                    already on record. The newly appointed
                    arbitrators    shall   be    deemed   to   have
                    received the evidence and materials.

                    (ix) Vesting of the power of substitution,
                    under Section 29A(6), is on the Court and
                    this Court is the Court as defined in
                    Section 2(1)(e). The text as well as the
                    context   for  identifying  the   Court  in
                    Section 29A(6), as well as in 29A(4), is
                    the   Court   in   Section   2(1)(e).   The
                    expression ‘Court’ in other provisions must
                    be guided by the meaning given in Section
                    2(1)(e).

               17.       Before     we      examine     the
               interpretative choices of the Court to
               decipher the true meaning of a word on the
               basis of the context, it is necessary for us
               to consider if perceptions such as “inferior


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               Court”, “conflict of power”, “hierarchy” or
               even a “jurisdictional anomaly”, can supply
               “context” for deviating from a definition
               supplied by the Parliament to an expression.
               We have no hesitation in holding that
               interpretation based on a perception of
               status or hierarchy of Courts is opposed to
               the fundamental conception of rule of law. It
               is apt to refer to the famous statement of
               Dicey that, ‘however high you may be, the law
               is above you.’ Law, and law alone is the
               source of power.

               20.       For the reasons stated above, we
               are of the opinion that the conclusion on the
               ground that there will be hierarchical
               difficulties,    conflict    of   power    or
               jurisdictional anomaly if a Civil Court
               entertains application under Section 29A for
               extension of time of an arbitral tribunal if
               the High Court under Section 11(6) of the Act
               has appointed the arbitrator(s) is untenable.
               This approach is hereby rejected.

               VIII.   Interpretation   of       the      expression
               “Court” in Section 2(1)(e)

               21.       It is a settled principle of
               statutory interpretation that a defined term
               must ordinarily bear the meaning assigned to
               it “unless the context otherwise requires”.
               Further,   in  State    of  West  Bengal   v.
               Associated Contractors [(2015) 1 SCC 32], a
               three-judge bench held that no Court other
               than the one defined in Section 2(1)(e) gets
               qualified as ‘Court’ under Part I of the Act,
               1996. It observed that,

                    “25. …. (a) Section 2(1)(e) contains an
                    exhaustive definition marking out only the
                    Principal    Civil   Court   of   Original
                    Jurisdiction in a district or a High Court
                    having original civil jurisdiction in the
                    State, and no other court as “court” for
                    the purpose of Part I of the Arbitration
                    Act, 1996.”

               22.      Similarly, in Nimet Resources Inc.
               & Anr. v. Essar Steels Ltd. [(2009) 17 SCC


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               313] where this Court considered Section 2(1)
               (e) in the context of Section 14 observed as
               under:

               “8. Application in terms of sub-section (2) of
               Section 14, thus, lies before a “court” within
               the meaning of the 1996 Act.

               9. It is only thus the “court”, within the
               meaning of the provisions of the said Act which
               can entertain such an application raised by the
               parties herein and determine the dispute therein
               on merit.

               10. Unlike the 1940 Act, “court” has been defined
               in Section 2(1)(e) to mean:

                    “2. (1)(e) ‘Court’ means the Principal
                    Civil Court of Original Jurisdiction in a
                    district, and includes the High Court in
                    exercise of its ordinary original civil
                    jurisdiction, having jurisdiction to decide
                    the questions forming the subjectmatter of
                    the arbitration if the same had been the
                    subjectmatter of a suit, but does not
                    include any civil court of a grade inferior
                    to such Principal Civil Court, or any Court
                    of Small Causes;”

               11. As a “court” has been defined in the 1996 Act
               itself, an application under Section 14(2) would
               be maintainable only before the Principal Civil
               Court which may include a High Court having
               jurisdiction but not this Court.

               12. This Court in passing its order dated 27-9-
               2000, as noticed hereinbefore, did not and could
               not retain any jurisdiction in itself as could be
               done in suitable cases under the 1940 Act. It
               even did not determine the validity or otherwise
               of the arbitration agreement. It allowed the
               parties to take recourse to their remedies before
               the learned arbitrator. When the said order was
               passed, this Court was considered to have only an
               administrative power, but the same has since been
               held to be a judicial power in SBP & Co. v. Patel
               Engg.   Ltd.   [(2005)  8  SCC   618]  The   said
               jurisdiction, however, does not extend to Section
               14 of the Act.

               13. The definition of “court” indisputably would
               be subject to the context in which it is used. It



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               may also include the appellate courts. Once the
               legislature   has   defined   a   term   in   the
               interpretation clause, it is not necessary for it
               to use the same expression in other provisions of
               the Act. It is well settled that meaning assigned
               to a term as defined in the interpretation clause
               unless the context otherwise requires should be
               given the same meaning.

               14. It is also well settled that in the absence
               of any context indicating a contrary intention,
               the same meaning would be attached to the word
               used in the later as is given to them in the
               earlier statute. It is trite that the words or
               expression used in a statute before and after
               amendment should be given the same meaning. It is
               a settled law that when the legislature uses the
               same words in a similar connection, it is to be
               presumed that in the absence of any context
               indicating a contrary intention, the same meaning
               should attach to the words.

               18. Jurisdiction under Section 11(6) of the 1996
               Act is used for a different purpose. The Chief
               Justice or his designate exercises a limited
               jurisdiction. It is not as broad as sub-section
               (4) of Section 20 of the 1940 Act. When an
               arbitrator is nominated under the 1996 Act, the
               court does not retain any jurisdiction with it.
               It becomes functus officio subject of course to
               exercise    of   jurisdiction   in    terms   of
               constitutional provisions or the Supreme Court
               Rules.”
                                               (emphasis supplied)

               23.       Nimet Resources (Supra) clarifies
               two   propositions   of    enduring   relevance.
               First, that applications concerning conduct,
               continuation, termination or substitution of
               an arbitral mandate, whether under Section 14
               or   otherwise,    are    matters    of    curial
               supervision and must be instituted before the
               “Court” as statutorily defined. Second, that
               the jurisdiction exercised under Section 11
               is   limited    and     exhausted     upon    the
               constitution   of    the    arbitral    tribunal,
               leading to the appointing Court becoming
               functus officio thereafter. These principles
               apply with equal force to Section 29A. The
               extension of mandate or substitution of an
               arbitrator under Section 29A does not partake


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                the character of “appointment” under Section
                11, but is a measure designed to ensure
                timely conclusion of arbitration. Absence of
                any contextual indicia to the contrary, the
                expression “Court” in Section 29A must,
                therefore, be accorded the meaning assigned
                to it under Section 2(1)(e).

                X Conclusion

                27.       In view of the above, we allow the
                appeals, set aside the reference of the
                Division Bench in Writ Petition No. 88 of
                2024 dated 07.08.2024 and the subsequent
                judgment and order of the Single Judge of the
                High Court in Writ Petition No. 88 of 2024
                dated 21.08.2024 and restore the judgment of
                the Commercial Court in Civil Miscellaneous
                Application No. 20/2023/A dated 02.01.2024.
                Parties are at liberty to move the Commercial
                Court for further extension under Section
                29A(5) for exercising Court’s power under
                Section 29A(4). The Court shall consider the
                application, hear the parties and pass
                appropriate orders.”


12.             Having considered the rival submissions,
this        Court          now   proceeds        to      examine            the
contentions            advanced          on      behalf           of        the
petitioners.

12.1            The        principal        contention            of        the
petitioners           is    founded     upon     Rule     34.6       of     the
Arbitration Centre (Domestic and International),
High Court of Gujarat Rules, 2021, which provides
that an application for extension of the mandate
of the arbitral tribunal shall lie before the
High Court. It is true that the reference to



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arbitration               in    the    present           case        was      made      in
accordance with the said Rules and the parties
had agreed to be governed by them. However, that
by itself cannot conclude the issue.

                Rule 34.6 was framed in the year 2021
when the legal position regarding Section 29A of
the Arbitration and Conciliation Act, 1996 had
not been authoritatively settled. Subsequently,
the Apex Court, in Jagdeep Chowgule (supra), has
interpreted               Section        29A       in        conjunction             with
Section 2(1)(e) of the Act and has categorically
held that an application for extension of the
mandate          must          be     presented          before           the      Court
competent to entertain a challenge under Section
34 of the Act. Once the statutory provision has
been       authoritatively                interpreted               by      the      Apex
Court, Rule 34.6 must necessarily yield to such
interpretation.                 The    Rule,           therefore,          cannot        be
applied              in    disregard             of          Section          29A        as
interpreted by the Apex Court.

12.2            Equally             untenable           is      the       contention
that, since earlier applications for extension
were entertained by this Court under Rule 34.6
without              objection,         the       respondents                are       now
precluded from raising the issue of jurisdiction.
All the earlier orders extending the mandate were



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passed prior to the pronouncement of the decision
in Jagdeep Chowgule (supra). Once the Apex Court
has declared the law, the same becomes binding on
all     courts         by    virtue     of        Article         141     of      the
Constitution.               Article    144        further         obliges         all
civil and judicial authorities to act in aid of
the          Supreme           Court.             Consequently,                   the
jurisdictional issue must now be examined in the
light of the law declared by the Apex Court,
irrespective of the course adopted in the earlier
proceedings.

12.3            The    further        submission           that      Rule       34.6
continues            to      operate     as        it       has       not       been
challenged also does not merit acceptance. It is
well settled that subordinate legislation must
conform to the parent statute. If a rule is found
to be inconsistent with the provisions of the Act
or with the law declared by the Apex Court while
interpreting the Act, such inconsistency cannot
be ignored merely because the rule has not been
specifically challenged. The duty of the Court is
to harmoniously construe the Rules with the Act.
Therefore,            Rule    34.6     must       operate          subject         to
Section 29A and cannot be construed in a manner
inconsistent with the statutory scheme.

12.4            Much        emphasis       was          placed          on        the



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principle of party autonomy, which undoubtedly
constitutes one of the foundational principles of
arbitration law. The Arbitration and Conciliation
Act, 1996 accords considerable freedom to parties
in matters relating to the arbitration agreement,
the number and appointment of arbitrators, the
procedure to be followed, the place and language
of     arbitration              and     several          other        procedural
aspects. The legislative intent is to minimise
judicial             intervention         and         facilitate        efficient
resolution of disputes through arbitration.

                However, party autonomy under the Act is
not absolute. It operates only in those areas
where the statute expressly permits the parties
to     exercise            their      choice.           Wherever         the       Act
prescribes a mandatory statutory procedure, party
autonomy necessarily gives way to the legislative
mandate.

                Section 29A is one such provision. While
Section         29A(3)         permits       the       parties,       by     mutual
consent, to extend the mandate of the arbitral
tribunal             for   a   further         period       of     six      months,
Section 29A(4) mandates that any extension beyond
that period can be granted only by the Court.
Thus,          the         statute        itself          draws         a      clear
distinction between the sphere reserved for party



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autonomy             and    the    sphere          reserved            for      judicial
supervision. Once the statutory period together
with        the        consensual             extension               expires,           the
continuation of the arbitral tribunal ceases to
be a matter of agreement between the parties and
becomes subject exclusively to the jurisdiction
of the Court.

                In         that    view          of       the        matter,         party
autonomy             cannot        be      stretched              to      permit         the
parties,             either       by      agreement              or     by      adopting
institutional rules, to confer jurisdiction upon
a Court which the statute does not recognise.
Jurisdiction                is    conferred              by     law      and      not      by
consent. Once the expression “Court” occurring in
Section         29A        has    been        interpreted              by      the     Apex
Court with reference to Section 2(1)(e) of the
Act, the parties cannot, by agreement, substitute
another forum for the one contemplated by the
statute.

12.5            Thus, principle of party autonomy in the
arbitration law, in my considered opinion, there
cannot        be      any        cavil      with         regard        to     the      said
proposition. Arbitration law and its object is to
minimize              the        supervisory                  role      of       courts,
providing            speedy        disposal              of    the     dispute         with
amicable, swift and co-efficient settlement with



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a formal award while ensuring that arbitration
proceedings are just, fair and effective. While
making           arbitration                proceedings              speedy           and
effective, legislature has also added pinch of
friendliness by extending certain flexibilities
to the parties to the agreement/ arbitration. The
parties to the arbitration are free to adopt the
procedure. At the same time, such autonomy is not
absolute in nature. The party autonomy operates
in area where the statute is permissive, but at
the       same        time,         it       is          excluded       where        the
provisions             are        mandatory                such      as       court’s
supervision under certain provisions of the Act.
On overall consideration of the Arbitration Act,
1996, party autonomy is permissive under Section
7 where party decides whether to arbitrate, scope
of    dispute,          etc.       Meaning           thereby,         parties         are
left      open        to     have    an        agreement          to      submit       to
themselves to arbitration proceedings. So far as
Sections 10 and 11 are concerned, parties are
left       to        their       autonomy           to     choose        number        of
Arbitrators                and      procedure               for        appointment
thereof. Section 19 of the Arbitration Act would
allow the parties to have their own procedure
precisely, parties can decide their own mode of
recording of evidence, procedure for conducting
the proceedings etc. In view of provisions of
Section 20, parties are also left to decide seat


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and      venue         of        arbitration.             Once        the      seat       of
arbitration is decided, applicability of curial
law of court’s jurisdiction would be determined.
Accordingly,               once        the    place       of       arbitration            is
decided          under           Section         20       and        if      place        of
arbitration                is    situated          in     India,          Indian         law
shall be applicable being a mandatory position.
At this stage, it is required to be noted that in
the present case, seat of arbitration is within
the territory of India and thereby curial law of
procedure shall be applicable. As per Section 22,
parties are also free to agree upon the language
to be used in arbitration proceedings. Likewise,
Sections 29B and 31A are also reflects eminence
to    party           autonomy.          Now,        if    the        provision           of
Section              29A        is     concerned,              the        same       being
statutorily mandated, although limited autonomy
for extension of time of six months is granted to
the party, but the moment the mandate is expired;
Section 29A(4) becomes eminent and in that event,
only court can grant further extension and not
the party as per their claimed autonomy. When the
party       autonomy             is    restricted          for         extension          of
mandate, it is not digestible that a party can
choose a court who can extend the mandate. Party
autonomy does not give any leverage to any of the
parties         to     the           arbitration          to      have      their        own
choice of court upon which, by way of agreement,


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they can invest powers for extension of mandate
de hors the provisions of Section 29A(4) of the
Arbitration Act, 1996. Under the circumstances,
party autonomy recognized under the provisions of
the Arbitration Act, 1996 is not absolute in all
the provisions, but limited to the area which is
statutorily prescribed within the Act itself.

12.6            The     contention         that         the     Arbitration
Centre is entitled to provide, under its Rules,
that       the        High    Court        alone        shall      supervise
proceedings conducted under its aegis also cannot
be       accepted.           An     arbitral            institution            is
undoubtedly competent to frame rules governing
the     conduct         of   proceedings           before       it     and     to
regulate procedural matters for the convenience
of the parties. Nevertheless, such rules cannot
override or dilute the mandatory provisions of
the      Arbitration          and      Conciliation             Act,      1996.
Institutional rules supplement the statute; they
cannot supplant it.

                Acceptance            of          the          petitioners’
contention            would,      in       effect,         permit         every
arbitral institution to determine for itself the
forum        having      jurisdiction             under       Section        29A,
thereby defeating the uniform statutory framework
enacted          by    Parliament.         Such     a     consequence           is
plainly impermissible.

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12.7            The     submission             that,       once         the      parties
have      adopted           the    Rules,         2021,         every        provision
thereof              must     necessarily                be       enforced            also
deserves to be rejected. Ordinarily, parties are
bound        by       the     procedural                rules        governing          the
arbitration             they        have        chosen.            However,           such
adherence              is      subject             to          one       fundamental
limitation, namely that the institutional rules
must remain consistent with the provisions of the
Act. To the extent any provision of the Rules is
inconsistent                with    the        Act,        or      with        the      law
declared by the Apex Court while interpreting the
Act, the statutory mandate must prevail.

                Accordingly,               after          the         decision            in
Jagdeep         Chowgule           (supra),             Rule     34.6      cannot         be
applied in a manner inconsistent with Section 29A
read with Section 2(1)(e) of the Arbitration and
Conciliation Act, 1996.

13.             So far as the authorities relied upon by
the learned Senior Advocate for the petitioner
are concerned, this Court is of the view that
they turn on their own facts and the legal issues
arising          therein          are     materially              different           from
those involved in the present case. The principal
submission of the petitioner is that Rule 34.6 of
the          Arbitration                  Centre               (Domestic                and



                                        Page 37 of 41
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International),                  High         Court         of     Gujarat        Rules,
2021, being part of the curial law chosen by the
parties, must continue to govern the issue of
extension of the arbitral tribunal’s mandate.

                 There          can        be       no       dispute        with        the
proposition that parties are free to adopt the
curial law governing the conduct of the arbitral
proceedings. However, the issue that arises in
the     present            case       is     altogether            different.           The
question is whether a provision of the curial
law, which has subsequently become inconsistent
with the statutory scheme of the Arbitration and
Conciliation Act, 1996 as interpreted by the Apex
Court, can still be enforced merely because it
was adopted by the parties.

                 None of the decisions relied upon by the
learned              Senior       Advocate                 lays    down       that        an
institutional               rule        or        curial          provision,          once
adopted by the parties, would continue to prevail
even        if        it        becomes           inconsistent              with        the
provisions of the parent statute. In that view of
the matter, the authorities relied upon by the
petitioner are clearly distinguishable on facts
as    well           as    on    the        legal          issue    involved          and,
therefore, do not advance the petitioner’s case.

14.              In view of the foregoing discussion, the


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preliminary             objection      raised         on    behalf        of     the
respondents             deserves       to       be     accepted          and      is
accordingly upheld.

15.             Consequently,            in         view     of       the        law
declared by the Apex Court in Jagdeep Chowgule v.
Sheela Chowgule, reported in 2026 INSC 92, this
Court       lacks       the   jurisdiction             to    entertain           the
present         petitions       under        Section        29A(4)        of     the
Arbitration             and    Conciliation               Act,     1996.         The
petitions             are,    therefore,             dismissed          as       not
maintainable, with liberty to the petitioners to
approach the competent Court having jurisdiction
under Section 29A(4) of the Act for appropriate
relief.

                It is clarified that the period spent by
the     petitioners           in    bona        fide       prosecuting           the
present proceedings before this Court shall stand
excluded while computing limitation, if any, in
accordance with law.

16.             In view of the dismissal of Arbitration
Petition No.145 of 2025, Civil Application No.1
of    2025           filed   therein       for       amendment        does       not
survive          for     consideration              and     is    accordingly
disposed of as having become infructuous.

17.             In      so    far       as          Miscellaneous            Civil



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Application             No.773       of    2026        seeking        review       is
concerned,             the      same        is        founded         upon        the
subsequent decision of the Apex Court in Jagdeep
Chowgule             (supra).        The      orders        sought         to      be
reviewed             were    admittedly          passed        prior      to      the
pronouncement of the said decision.

                The Explanation to Order XLVII Rule 1 of
the      Code         of     Civil    Procedure,            1908       expressly
provides              that      a         subsequent           reversal             or
modification of the legal position by a superior
Court        in       another       case     does       not     constitute           a
ground for review of a judgment rendered earlier.
In view thereof, a subsequent declaration of law
by    the      Apex         Court    cannot          furnish     a    ground        to
review an order passed prior to such declaration.

                Accordingly,                  Miscellaneous                    Civil
Application No.773 of 2026 is rejected. It is,
however,             clarified       that        all     the         rights       and
contentions of the respective parties are kept
open to be urged before the competent Court, if
so advised.

18.             Before parting, this Court considers it
appropriate to direct the Registry to place a
copy      of         this    judgment        before       the        appropriate
Committee constituted for the Arbitration Centre
(Domestic             and     International),              High       Court         of


                                     Page 40 of 41
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Gujarat, so that the Arbitration Centre (Domestic
and International), High Court of Gujarat Rules,
2021, particularly Rule 34.6, may be examined for
suitable modification or amendment to bring the
same in conformity with the law declared by the
Apex Court in Jagdeep Chowgule v. Sheela Chowgule
reported in 2026 INSC 92.


                                                                          (NIRAL R. MEHTA,J)

                                           FURTHER ORDER

                   After             pronouncement                       of        the          judgment,
Learned             Advocate               Mr.Rutul                Desai          requested                 this
Court to stay the judgment so as to enable them
to approach the higher forum.

                   In         view           of         the          discussion,                     request
deserves no consideration. The same is rejected.


                                                                          (NIRAL R. MEHTA,J)
ANUP
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANUP VYOMESH PARIKH(HC00956), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 02/07/2026 18:18:31




                                                   Page 41 of 41


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