Bombay High Court

DR YOGESH BALIRAM VARGANTWARversusVIGNAHARTA HEALTH VISIONARIES PRIVATE LTD THR ITS DIRECTOR DR SHOED HASMI

Disposal: DISPOSED OFF
Bench: ARUN R PEDNEKER

Holding

The application is withdrawn, and the applicant is permitted to approach the District Court for extension of the arbitrator's mandate.

Summary

The applicant, Dr. Yogesh Baliram Vargantwar, filed an arbitration application under Section 29A of the Arbitration and Conciliation Act, 1996 seeking an extension of the arbitrator's mandate. The Supreme Court's recent decision in Jagdeep Chowgule v. Sheela Chowgule (2026 LiveLaw SC 89) held that such extensions may be granted by the principal civil court of original jurisdiction. Relying on that precedent, the applicant’s counsel requested permission to withdraw the High Court application and instead approach the District Court for the extension. The respondent’s counsel did not object to the extension itself and agreed to appear before the District Court, but objected to a separate prayer (prayer no.2). The High Court, noting the parties’ concurrence on the main relief, disposed of the application as withdrawn, granting the applicant liberty to file the appropriate application before the District Court, and made no order on prayer no.2.

Issues considered

Whether the High Court can entertain an application for extension of an arbitrator's mandate under Section 29A of the Arbitration and Conciliation Act, 1996.
Whether the extension of the arbitrator's mandate should be sought before the principal civil court of original jurisdiction as per Supreme Court precedent.

Legislation cited

Arbitration and Conciliation Act, 1996 — s. 29A

Subjects

Arbitration
Extension of arbitrator's mandate
Section 29A
Jurisdiction
High Court
District Court

Judgment

2026:BHC-AUG:12442
                                                                    918-AA-46-2025.odt




                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                       ARBITRATION APPLICATION NO. 46 OF 2025

                               Dr Yogesh Baliram Vargantwar
                                          VERSUS
           Vignaharta Health Visionaries Private Ltd Thr Its Director Dr Shoed
                                           Hasmi
                                              ...
          Mr. L. D. Vakil, Advocate for Applicant
          Mr. N. S. Muthiyan, Advocate for Respondents
                                             ***

                                            CORAM : ARUN R. PEDNEKER, J
                                            DATE  : MARCH 24, 2026

          PC :

          1.           The present application is filed under Section 29A of the

          Arbitration and Conciliation Act, 1996 for extension of the mandate of

          the Arbitrator.


          2.           The Hon'ble Supreme Court in case of Jagdeep Chowgule vs.

          Sheela Chowgule and Ors, 2026 LiveLaw (SC) 89 has observed that

          mandate of the Arbitrator can be extended by the Principal Civil Court

          of original jurisdiction. Considering the same, learned Counsel for the

          Applicant seeks leave to withdraw the present Application and move the

          appropriate application before the District Court for extension of

          mandate.


          3.           The learned Counsel for the Respondent also submits that



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                                                            918-AA-46-2025.odt




he has no objection for extension of mandate and that he would appear

before the District Court along with Applicant. As regards prayer no.2 is

concerned, Respondent has objection for the same.


4.         In view of this, present Application is disposed of as

withdrawn with liberty to Applicant to approach the District Court.


5.         This Court has no stated anything with regard to prayer

no.2.



                                             (ARUN R. PEDNEKER, J.)
usm




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