Bombay High Court

NASHIK INFRASTRUCTURE DEVELOPERS PVT LTDversusMANAGING DIRECTOR MAHARSHTRA STATE ROAD DEVELOPMENT CORPORATION LTD

Decided: 2 February 2026
Disposal: Disposed Off
Bench: SOMASEKHAR SUNDARESAN

Holding

The petition is to be treated as filed on the original side and the arbitral tribunal's mandate is extended for six months under Section 29-A.

Summary

The petitioner, Nashik Infrastructure Developers Pvt. Ltd., filed an arbitration petition under Section 29-A of the Arbitration and Conciliation Act, 1996, seeking an extension of the arbitral tribunal's mandate which had expired on 31 January 2026. The respondent, Managing Director of Maharashtra State Road Development Corporation Ltd., contested that the petition was incorrectly filed in the appellate side, arguing that the seat of arbitration was Mumbai. The Court held that the petition should be treated as filed on the original side, given the seat of arbitration. Both parties jointly requested a six‑month extension, considering the advanced stage of the proceedings. The Court granted the extension, extending the tribunal's mandate until 31 July 2026, and ordered compliance upon posting of the order on the Court’s website.

Issues considered

Whether the arbitration petition filed on the appellate side is maintainable when the seat of arbitration is Mumbai
Whether an extension of the arbitral tribunal's mandate can be granted under Section 29-A of the Arbitration and Conciliation Act, 1996

Legislation cited

Arbitration and Conciliation Act, 1996 — s. 29-A

Subjects

Arbitration
Extension of mandate
Section 29-A
Original side filing
High Court of Bombay

Judgment

                                                                              23-ARP-19-2026.doc



                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION

                                     ARBITRATION PETITION NO. 19 OF 2026
CHAITANYA
ASHOK
JADHAV
Digitally signed by
CHAITANYA ASHOK
                       Nashik Infrastructure Developers Pvt. Ltd.                 …Petitioner
JADHAV
Date: 2026.02.06
12:14:50 +0530
                                  Versus
                       Managing Director Maharashtra State Road Devel-
                       opment Corporation Ltd.                                    …Respondents


                           Mr. Aniruddha A. Garge, i/b Adv. Jitendra H. Oak, for the
                           Appellant.

                           Adv. Joshua D’souza, a/w Chirag Sancheti, Saad Memon i/b
                           Bulwark Solicitors, for the Petitioner.


                                             CORAM      : SOMASEKHAR SUNDARESAN, J.
                                             DATE       : FEBRUARY 2, 2026

                      ORDER :

                      1.            Learned Advocate for the parties submit that the Petition has

                      wrongly been filed in the Appellate Side, since the seat of Arbitration is

                      Mumbai.


                      2.            In these circumstances, the Petition be treated as a Petition

                      filed on the Original Side.


                      3.            This is a Petition under Section 29-A of the Arbitration and

                      Conciliation Act, 1996, seeking an extension of mandate of the Arbitral

                      Tribunal, which expired on January 31, 2026.
                                                       Page 1 of 2
                                                     February 2, 2026
                      Chaitanya
                                                      23-ARP-19-2026.doc




4.          Today, when the matter is called out, Learned Counsel for the

parties jointly request for an extension of mandate by a period of six

months, bearing in mind the stage at which the arbitral proceedings are

placed.


5.          In these circumstances, taking into account the stage at

which the Arbitral proceedings are placed, this Petition is finally

disposed of extending the mandate of the Arbitral Tribunal for a

period of six months i.e., until July 31, 2026.


6.          All actions required to be taken pursuant to this order shall

be taken upon receipt of a downloaded copy as available on this Court’s

website.


                          [ SOMASEKHAR SUNDARESAN, J.]




                               Page 2 of 2
                             February 2, 2026
Chaitanya

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