Bombay High Court

M/S. DATTA SAI SERVICES THRU. ASHOK NARAYAN HARDIKARversusM/S. OM SAI INDUSTRIES THRU. ITS PROPRIETOR DEEPAK VAIJINATH PADALKAR

Disposal: DISPOSED OFF

Holding

Extension of time under Section 29-A(5) of the Arbitration and Conciliation Act, 1996 is within the jurisdiction of the District Court, not the High Court.

Summary

The applicant, M/s. Datta Sai Services, filed a civil application under Section 29-A(5) of the Arbitration and Conciliation Act, 1996 seeking an extension of time for completing arbitration proceedings against M/s. Om Sai Industries. The High Court examined whether it possessed the authority to grant such an extension. It held that the power to extend time under the cited provision is vested exclusively with the learned District Court. Consequently, the High Court rejected the application, directing the applicant to approach the District Court for the relief sought. The judgment underscores the jurisdictional limits of the High Court in matters of arbitration time extensions.

Issues considered

Whether the High Court has jurisdiction to grant an extension of time under Section 29-A(5) of the Arbitration and Conciliation Act, 1996

Legislation cited

Arbitration and Conciliation Act, 1996 — s. 29-A(5)

Subjects

Arbitration
Extension of time
Section 29-A
Jurisdiction
High Court
District Court

Judgment

1 972-ca-10497-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 10497 OF 2026
IN ARB/13/2022

M/s. Datta Sai Services Thru. Ashok Narayan Hardikar
VERSUS
M/s. Om Sai Industries Thru. Its Proprietor Deepak Vaijinath Padalkar
...
Advocate for Applicant : Mr. Amol Ram Joshi
Advocate for Respondent : Mr. R.V. Gore
...
CORAM : ROHIT W. JOSHI, J.
DATED : SEPTEMBER 11, 2026
P.C.:

1. Present civil application is filed under Section 29-A(5) of the

Arbitration and Conciliation Act, 1996 for extension of time for

completion of arbitration proceedings. The powers of granting

extension of time under said provision is vested with learned District

Court.

2. Civil Application, is therefore, rejected with liberty to the

applicant to approach learned District Court with prayer of extension of

time.

[ROHIT W. JOSHI J.]

Mujaheed//

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