M/S.DBM GEOTECHNICS AND CONSTRUCTION PVT.LTD.versusDEENDAYAL PORT TRUST (ERSTWHILE KANDLA PORT TRUST)
- Disposal
- 53-ALLOWED / GRANTED @ ADM.STAGE
- Bench
- NIRAL R MEHTA
Holding
The Court held that, under Section 29‑A(4) of the Arbitration and Conciliation Act, 1996, it may extend the time for arbitration proceedings when the parties agree, and therefore allowed the petition for a ten‑month extension.
Summary
The petitioner, M/s. DBM Geotechnics and Construction Pvt. Ltd., filed a petition under Section 29‑A(4) of the Arbitration and Conciliation Act, 1996 seeking a ten‑month extension, from 1 January 2026, to conclude ongoing arbitration proceedings before a sole arbitrator. The arbitration had commenced in 2018 and had previously been granted extensions, but the parties had not yet completed the final arguments in one of the arbitrations. Both parties’ counsel agreed that additional time was required. The Court examined whether the statutory provision permits such an extension when the parties consent. Finding that the Act allows the court to extend the period for arbitration upon application and mutual agreement, the Court allowed the petition and granted the requested ten‑month extension. The order was signed by Justice Niral R. Mehta of the Gujarat High Court.
Issues considered
- What is the scope of Section 29‑A(4) of the Arbitration and Conciliation Act, 1996 regarding the extension of time for arbitration proceedings?
- Can the court grant an extension when both parties consent to the extension?
Legislation cited
- Arbitration and Conciliation Act, 1996s. 29-A(4)
Subjects
Judgment
C/ARBI.P/20/2026 ORDER DATED: 30/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/PETN. UNDER ARBITRATION ACT NO. 20 of 2026
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M/S.DBM GEOTECHNICS AND CONSTRUCTION PVT.LTD.
Versus
DEENDAYAL PORT TRUST (ERSTWHILE KANDLA PORT TRUST)
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Appearance:
NYC LEGAL(14337) for the Petitioner(s) No. 1
MR MK VAKHARIA(1483) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 30/01/2026
ORAL ORDER
1. By way of this Petition under Section
29-A(4) of the Arbitration and Conciliation Act,
1996, the petitioner is seeking extension for a
period of 10 months from 01st January, 2026 to
conclude the Arbitration Proceedings in respect
of ongoing arbitration proceedings before the
sole Arbitrator Hon'ble Mr.Justice Bankim Mehta
(Retd.) Judge of this Court.
2. Learned Advocates for both the parties
jointly submit that the arbitration proceedings
commenced in the year 2018 and from time-to-time,
extension was granted to conclude the arbitration
proceedings. However, the same could not be over
and at this stage final arguments of one
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C/ARBI.P/20/2026 ORDER DATED: 30/01/2026
Arbitration have been concluded, and the other
cognate Arbitration is at the advanced stage of
Final Arguments.
3. Since learned advocates from both the
sides are in agreement that the time may be
extended, the present petition stands allowed.
Time to conclude the arbitration proceedings
between the parties stands extended for a further
period of 10 months from 01st January, 2026.
(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 03/02/2026 10:42:19
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