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Bombay High Court

Vijaylaxmi R ShuklaversusA B S Enterprises

Decided
Disposal
DISPOSED OFF

Holding

The court held that an extension of the arbitral tribunal's mandate under Section 29A is permissible and granted the extension.

Summary

The petitioner filed a petition under Section 29A of the Arbitration and Conciliation Act, 1996, seeking an extension of the mandate of the arbitral tribunal to complete the arbitration and render an award. The respondent did not object to the extension. The tribunal was at the stage of final arguments, and the court found that extending the time would best serve the interests of justice. Accordingly, the court ordered that the tribunal's mandate be extended until 31 December 2026, directing both parties to cooperate. The petition was allowed and the extension granted.

Issues considered

  • Whether the court may extend the mandate of an arbitral tribunal under Section 29A of the Arbitration and Conciliation Act, 1996.

Legislation cited

Subjects

  • Arbitration
  • Section 29A
  • Extension of time
  • Arbitral tribunal mandate
  • High Court of Bombay

Judgment

                                                               1/2                503-ARBP-402-2026.DOC
           Digitally
           signed by
           MOHAMMAD
MOHAMMAD   AREEB
AREEB      MOHD
MOHD       AKBAR
AKBAR      Date:
           2026.08.20
           13:03:55
           +0530
                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            ORDINARY ORIGINAL CIVIL JURISDICTION


                                            ARBITRATION PETITION NO. 402 OF 2026


                        Vijaylaxmi R. Shukla                                                ...Petitioner
                                Versus
                        A B S Enterprises                                                   ...Respondent
                                                             _______
                        Ms. Nidhi Karkhanis h/f Ajinkya Jaibhave for the Petitioner.
                        Ms. Anushka Shetty i/b MLS Vani & Associates for the Respondent.
                                                             _______
                                                   CORAM        :      ARIF S. DOCTOR, J.
                                                   DATE         :      18th AUGUST, 2026


                        P.C.


                        1.      This is the Petition filed under Section 29A of the Arbitration and

                        Conciliation Act, 1996, and seeks an extension of the mandate of the Arbitral

                        Tribunal to complete the arbitration proceedings and pass an arbitral award.

                        2.      Learned counsel appearing on behalf of the Respondent, does not have

                        any objection to the time being extended.

                        3.      I am informed that the arbitration proceedings are at the stage of final

                        arguments. In my view, the substantive interest of justice would best be served if

                        the time is extended. The Tribunal shall endeavour to complete the arbitration

                        proceedings within extended time, for which purpose both parties are directed

                        to cooperate.

                        4.      Accordingly, the Petition is allowed is allowed in terms of prayer clause

                        ‘a’, which reads thus:


                        Areeb
                                            2/2                   503-ARBP-402-2026.DOC



           “(A) Allow the petition and extend the mandate of the Ld. Arbitral Tribunal
           constituted in pursuance of the order dated 06/11/2023 passed by this
           Hon'ble Court in Arbitration Application (L) No. 26563 of 2023 till the
           31st day of December, 2026.”

5.      Time is extended from the date on which a copy of this order is uploaded.




                                                       [ARIF S. DOCTOR, J.]




Areeb


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