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Bombay High Court

SAP India Private LimitedversusCOX AND KINGS LIMITED

Decided
Disposal
DISPOSED OFF

Holding

The petition is allowed and the mandate of the Justice Lokur Tribunal is extended by one year.

Summary

SAP India Private Ltd. sought an extension of the mandate of the Justice Lokur Arbitral Tribunal, which had been adjourned sine die after the respondent was admitted to corporate insolvency proceedings. The respondent argued that the tribunal was functus officio and that the petitioner had not shown sufficient cause under Section 29A(5) of the Arbitration and Conciliation Act, 1996. The petitioner contended that the delay was caused by the statutory moratorium, the parallel arbitration before the Justice Shah Tribunal, and its diligent attempts to raise jurisdictional objections. The Court examined the legislative intent of Section 29A, the effect of the insolvency moratorium, and prior Supreme Court precedents on extensions of arbitral time‑limits. It held that the petitioner had established sufficient cause and that the tribunal could be revived despite the lapse. Accordingly, the petition was allowed and the tribunal’s time‑limit for rendering an award was extended by one year.

Issues considered

  • Whether the petitioner has demonstrated sufficient cause under Section 29A(5) of the Arbitration and Conciliation Act, 1996 to extend the mandate of the arbitral tribunal.
  • Whether the Justice Lokur Tribunal is functus officio and can be revived after adjournment sine die.
  • The effect of the parallel arbitration before the Justice Shah Tribunal on the continuation of the original arbitration.
  • The impact of the Corporate Insolvency Resolution Process and liquidation on the arbitral proceedings and enforceability of any award.
  • Whether an extension of time is permissible despite the expiry of the original mandate.

Legislation cited

Subjects

  • Arbitration
  • Section 29A
  • Extension of time
  • Functus officio
  • Insolvency
  • Corporate liquidation
  • Parallel arbitration
  • Jurisdiction
  • Moratorium
  • Set‑off

Judgment

                                                                        4-CARBP-865-2026
         Digitally
         signed by
         MOHAMMAD
MOHAMMAD AREEB
AREEB    MOHD
         AKBAR
                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MOHD
AKBAR    Date:
         2026.09.16
         17:18:18
         +0530


                           ORDINARY ORIGINAL CIVIL JURISDICTION

                                 IN ITS COMMERCIAL DIVISION

                      COMMERCIAL ARBITRATION PETITION NO. 865 OF 2026



              SAP India Private Limited ​    ​       ​    ​     ​     ...Petitioner

                        Versus

              Cox and Kings Limited ​ ​      ​       ​    ​     ​     ...Respondent

                                              _______

              Mr. Yohaann Limathwalla, Mr. Farhad Sorabjee, Mr. Pratik Pawar, Ms.
              Shanaya Cyrus Irani, Mr. Siddhesh S. Pradhan i/b. J. Sagar Associates for
              the Petitioner.

              Mr. Navdeep Dahiya, Mr. Hiroo Advani, Ms. Janhavi Sakalkar, Ms.
              Hitanshi Mehta i/b. Advani Law, Bharucha & Partners for Respondent.

                                              _______

                                 CORAM ​ ​           ​    : ARIF S. DOCTOR, J.

                                 RESERVED ON​ ​           : 3rd SEPTEMBER 2026

                                 PRONOUNCED ON​           : 10th SEPTEMBER 2026

              JUDGMENT

          1.​ The present Petition seeks an extension of the mandate of the Arbitral

              Tribunal constituted by the Hon’ble Supreme Court by Order dated 2nd

              January 2019. The Arbitral Tribunal comprises of three retired Judges,

              one of Bombay High Court and two of the Hon’ble Supreme Court. The

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        Tribunal is presided over by Justice Madan Lokur and, hence, for ease of

        reference, the Tribunal shall be referred to as the “Justice Lokur

        Tribunal”. The Petitioner is the Claimant in the arbitration before the

        Justice Lokur Tribunal.

   2.​ The Respondent has filed an Affidavit in Reply opposing the captioned

        Petition, essentially on the ground that the Justice Lokur Tribunal is

        functus officio and that the Petitioner has not shown sufficient cause

        under the provisions of Section 29A(5) of the Arbitration and

        Conciliation Act, 1996 (“Arbitration Act”) for seeking an extension of

        time.

        Submissions on behalf of the Petitioner:

   3.​ Mr. Limathwalla, learned counsel appearing on behalf of the Petitioner, at

        the outset submitted that the Petitioner and the Respondent had entered

        into a contract for the provision of business software and related

        implementation services. Clause 15.7 of the General Terms and

        Conditions (“GTC”) provided for arbitration.




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   4.​ He then submitted that, on 29th October 2017, the Petitioner claimed that

        there were certain amounts outstanding from the Respondent under the

        GTC read with Order Form 1.

   5.​ The Petitioner then filed an application under Section 11 of the

        Arbitration Act, in which, pursuant to an Order of the Hon’ble Supreme

        Court dated 2nd January 2019, the Justice Lokur Tribunal was appointed.

        The Petitioner filed its Statement of Claim before the Justice Lokur

        Tribunal on 22nd March 2019, inter alia, seeking an amount of INR

        17,98,47,906/- as outstanding amounts due and payable by the

        Respondent, under the GTC read with Order Form 1.

   6.​ On 4th July 2019, the parties consented to an extension of six months for

        completion of the arbitral proceedings before the Justice Lokur Tribunal,

        after which the Respondent filed its Statement of Defence and

        Counter-claim on 31st July 2019, claiming INR 45,99,71,098/- from the

        Petitioner.

   7.​ On 22nd October 2019, after the completion of pleadings in the arbitration

        before the Justice Lokur Tribunal, the National Company Law Tribunal,



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        Mumbai (“NCLT”), admitted the Respondent into the Corporate

        Insolvency Resolution Process (“CIRP”). Accordingly, a moratorium

        under Section 14 of the Insolvency and Bankruptcy Code, 2016 (“IBC”),

        came into force, resulting in an automatic stay of all legal proceedings

        against the Respondent. The Justice Lokur Tribunal, therefore, on 5th

        November 2019, informed the parties that the arbitral proceedings stood

        adjourned sine die.

   8.​ He submitted that the Respondent then, on 7th November 2019, issued a

        fresh notice under Clause 15.7 of the GTC invoking arbitration against

        the Petitioner and SAP SE, the parent company of the Petitioner. On 6th

        October 2020, the Respondent filed an application under Section 11 of the

        Arbitration Act before the Hon’ble Supreme Court for the appointment of

        an arbitrator pursuant to the Respondent’s invocation of arbitration.

   9.​ On 16th December 2021, the NCLT directed the Respondent’s liquidation

        since no resolution plan was forthcoming. The Petitioner accordingly

        lodged its claim with the Liquidator on 21st February 2022. The

        Liquidator then, on 16th March 2022, admitted the Petitioner’s claim for a



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        nominal amount of Re. 1/- and specifically recorded that the liability

        could not be quantified owing to the ongoing arbitration proceedings with

        Cox and Kings. Mr. Limathwalla was at pains to point out that the only

        arbitration proceedings pending on that date between the Parties were the

        proceedings before the Justice Lokur Tribunal.

   10.​ Mr. Limathwalla then submitted that it was only on 9th September 2024

        that the Hon’ble Supreme Court allowed the Respondent’s Section 11

        application and appointed Justice Mohit Shah, former Chief Justice of

        this Court, as the Sole Arbitrator (“the Justice Shah Tribunal”) to

        adjudicate the Respondent’s disputes against the Petitioner and SAP SE,

        leaving open all rights and contention of the Petitioner to raise all

        objections with regard to the joinder of SAP SE before the Justice Shah

        Tribunal.

   11.​ He submitted that the Respondent thereafter filed its Statement of Claim

        before the Justice Shah Tribunal on 11th October 2024, in which the

        Respondent had initially claimed an amount of INR 45.99 crores. The

        Petitioner then filed an application under Section 16 of the Arbitration



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        Act challenging the jurisdiction of the Justice Shah Tribunal, inter alia,

        on the ground that the subject matter of the arbitration was already

        pending before the Justice Lokur Tribunal. This Application was,

        however, rejected.

   12.​ The Respondent thereafter filed an amended Statement of Claim before

        the Justice Shah Tribunal in which the Respondent’s claim was enhanced

        to INR 45,99,71,097/-. Mr. Limathwalla pointed out that this amount was

        virtually identical to that claimed by the Respondent in its Counter-claim

        before the Justice Lokur Tribunal. The Petitioner, therefore, on 24th July

        2025, filed a second application under Section 16 of the Arbitration Act,

        once again challenging the jurisdiction of the Justice Shah Tribunal. This

        Application was also, however, rejected on 10th November 2025.

   13.​ Learned Counsel then pointed out that the Petitioner challenged the

        Order dated 10th November 2025 by filing a Writ Petition before this

        Court. The Writ Petition was, however, dismissed on 23rd December

        2025, and the Special Leave Petition filed by the Petitioner impugning




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        the order dated 23rd December 2025 was also dismissed by the Hon’ble

        Supreme Court on 23rd January 2026.

   14.​ Mr. Limathwalla submitted that in the aforesaid circumstances, the

        Petitioner approached the Justice Lokur Tribunal on 2nd February 2026

        seeking resumption and continuation of the arbitral proceedings,

        principally for adjudication of the Petitioner’s pending claim. He

        submitted that the Respondent opposed the request on the ground that the

        Justice Lokur Tribunal had become functus officio and lacked jurisdiction

        to revive or continue the proceedings and also that the Respondent’s

        Counter-claim was pending before the Justice Shah Tribunal and that the

        Petitioner’s claim had been lodged with the Liquidator.

   15.​ Mr. Limathwalla submitted that, on 24th March 2026, the Justice Shah

        Tribunal recorded that the Respondent would not press its Counter-claim

        before the Justice Lokur Tribunal and that the Petitioner and SAP SE

        would file their Statement of Defence before the Justice Shah Tribunal

        without prejudice to their rights and contentions before the Justice Lokur

        Tribunal. He submitted that, despite this position having been recorded by



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          the Justice Shah Tribunal, the Respondent, reiterated before the Justice

          Lokur Tribunal on 3rd April 2026 that the Justice Lokur Tribunal was

          functus officio and lacked jurisdiction to revive the proceedings.

      16.​ He submitted that the Petitioner, then on 20th April 2026, appeared before

          the Justice Lokur Tribunal and made detailed submissions seeking revival

          and continuation of the proceedings for adjudication of its pending

          claims, at which time he submitted that the Respondent chose not to

          appear. Upon conclusion of the Petitioner’s submissions, the Justice

          Lokur Tribunal directed the Petitioner to approach this Court and seek an

          extension of time, and thus the present Petition was filed.

      17.​ Mr. Limathwalla submitted that, pursuant to the order of the Hon’ble

          Supreme Court in Re:Cognizance for Extension of Limitation,1 the

          period from 15th March 2020 to 28th February 2022 stood excluded for the

          purpose of computation of limitation. On that basis, he submitted that 469

          days remained available to the Justice Lokur Tribunal and that its

          mandate would consequently expire on 13th June 2023.




1
    (2022) 3 SCC 117.
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   18.​ Mr. Limathwalla submitted that the Petitioner had diligently pursued its

        claims throughout and that the inability of the Justice Lokur Tribunal to

        proceed resulted from circumstances beyond the Petitioner’s control,

        including the commencement of CIRP against the Respondent, the

        consequent statutory moratorium, the COVID-19 exclusion period, and

        the Respondent’s subsequent decision to pursue the same subject matter

        before a separately constituted arbitral tribunal.

   19.​ Mr. Limathwalla submitted that the Petitioner had established the

        necessary grounds under Section 29A of the Arbitration Act for the

        extension of the mandate of the Justice Lokur Tribunal, since the

        Petitioner had not in any manner delayed or sought to frustrate the

        arbitration that was pending before the Justice Lokur Tribunal.

   20.​ He submitted that the interests of justice would require this Court to

        extend the mandate of the Justice Lokur Tribunal to complete the

        arbitration proceedings and adjudicate on the merits of the Petitioner’s

        claim, which remained pending before the Tribunal originally constituted

        for that very purpose. He reiterated that the proceedings before the Justice



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        Lokur Tribunal was stayed not on account of any fault, much less default

        on the part of the Petitioner. He therefore submitted that the mandate of

        the Justice Lokur Tribunal ought to be extended to enable the Petitioner’s

        claim to be adjudicated on merits. This, he submitted, would best serve

        the substantive interest of justice and would aid the very object of

        arbitration and the purpose for which the Justice Lokur Tribunal was

        appointed in the first instance.


        Submissions on behalf of the Respondent:

   21.​ Mr. Dahiya, learned counsel for the Respondent, submitted that the

        principal question before the Court was whether the Petitioner had

        demonstrated “sufficient cause” within the meaning of Section 29A(5) of

        the Arbitration Act. He submitted that the Petitioner had not.

   22.​ He then pointed out that the Petitioner had sought an extension of the

        mandate until 30th April 2027, although the Justice Lokur Tribunal had

        not presided since 5th November 2019. Mr. Dahiya submitted that the

        mandate of the Justice Lokur Tribunal had expired on 17th June 2022 and

        not on 13th June 2023, as contended by the Petitioner. He submitted that


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        Section 29A(5) permits an extension of time only upon sufficient cause

        being established, and the Court cannot extend time under Section 29A of

        the Arbitration Act mechanically or as a matter of course. In support of

        his contention, he placed reliance upon the decision of the Hon’ble

        Supreme Court in Rohan Builders (India) Private Limited v. Berger

        Paints India Limited.2

    23.​ Mr. Dahiya then also placed reliance upon the decision of the Hon’ble

        Supreme Court in Ajay Protech Pvt. Ltd. v. General Manager & Anr.,3 to

        submit that the expression ‘sufficient cause’ must be understood in the

        context of the underlying purpose of arbitration, namely, effective

        resolution of disputes through the agreed mechanism and not permitting

        procedural delay to defeat substantive adjudication. He also placed

        reliance upon the decision of the Hon’ble Supreme Court in the case of C.

        Velusamy v. K. Indhera4 to point out that the Hon’ble Supreme Court

        reiterated that an arbitral tribunal’s mandate is not automatically extended




2
  2023 SCC OnLine Del 2990.
3
   (2026) 7 SCC 452
4
   (2026) 5 SCC 340
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         and that the Court must exercise its discretion after close scrutiny of the

         facts, while considering the rights of all stakeholders.

      24.​ Mr. Dahiya submitted that in the facts of the present case the Petitioner

         had failed to plead or establish sufficient cause for the delay. The Petition

         and Rejoinder, according to him, contained only general assertions that

         the Petitioner had no alternative forum and that the delay was caused by

         “extraordinary circumstances”. He pointed out that the Petitioner had not

         offered any specific explanation for the period between 16th December

         2021, when the Respondent was ordered to be liquidated, upto 23rd April

         2026, when the present Petition was filed. He also pointed out that the

         Petitioner had not produced any correspondence, document or other

         material explaining why the Petitioner had not sought an extension of the

         mandate during this period. He pointed out that the Respondent had

         specifically pleaded in its Affidavit in Reply that this four-year period

         remained unexplained.

      25.​ Mr. Dahiya then placed reliance upon the decision of this Court in the

         case of Bilkish Mohammed Umar Khatri v. Sarabjit Singh Arora5 to

5
    2020 SCC OnLine Bom 2451.
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         point out that this Court had refused an extension under Section 29A in

         circumstances where the intervening period had not been explained. He

         also placed reliance upon the decision in the case of NeoGrowth Credit

         Private Limited v. Prestige Home Textiles Co.6 and Skylark Cagers India

         Private Limited v. Institute of Liver and Biliary Sciences,7 which he

         submitted recognised that an unexplained delay is inconsistent with the

         expeditious nature of arbitration.

      26.​ Mr. Dahiya submitted that the Petitioner knew, at least by 16th March

         2022, that the Liquidator had admitted its claim only notionally at Re. 1/-.

         He submitted that if the Liquidator’s reference to “ongoing arbitration

         proceedings” related to the Respondent’s Section 11 proceedings before

         the Hon’ble Supreme Court, the Petitioner’s remedy lay under the IBC,

         including the statutory mechanism for challenging the quantification of

         its claim, which it admittedly did not pursue.

      27.​ Alternatively, he submitted that if the Liquidator was referring to the

         arbitration before the Justice Lokur Tribunal, the Petitioner knew on 16th

         March 2022 that its claim depended upon proceedings that had been
6
    2019 SCC OnLine Bom 10743.
7
    2023 SCC OnLine Del 1276.
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        adjourned sine die since 5th November 2019. He submitted that even as

        per the Respondent’s computation of time, the mandate of the Justice

        Lokur Tribunal remained alive until 17th June 2022, which gave the

        Petitioner ample opportunity to seek an extension under Section 29A.

        Despite this, he submitted that the Petitioner did not seek an extension.

   28.​ Mr. Dahiya submitted that the Petitioner’s own actions therefore

        demonstrated the absence of sufficient cause. He submitted that, even

        assuming the mandate of the Tribunal had expired only in June 2023 and

        that the Petitioner’s claim could only be quantified before the Justice

        Lokur Tribunal, there was no explanation for the Petitioner’s failure to

        approach the Justice Lokur Tribunal until February 2026 and thereafter

        this Court only in April 2026. He was at pains to point out that the

        Petitioner was not inactive during this period, since the Petitioner had

        actively participated in the proceedings before the Justice Shah Tribunal

        by filing two applications under Section 16 of the Arbitration Act,

        followed by a Writ Petition before this Court and an SLP before the

        Hon’ble Supreme Court.



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      29.​ Mr. Dahiya submitted that the Petitioner’s conduct amounted to

         “fence-sitting”. According to him, the Petitioner sought revival of the

         arbitration proceeding before the Justice Lokur Tribunal only after the

         Petitioner’s attempts to resist the arbitration before the Justice Shah

         Tribunal had failed. He placed reliance on the decision in Desire

         Infrabuild Private Limited v. Oyo Apartments Investments LLP8 to point

         out that permitting the petitioner would lead to not only enjoying the

         fruits of being a fence sitter but also putting a premium on its inaction.

      30.​ He then also placed reliance upon the decision in Surinder Singh v.

         Arrow Engineering Limited,9 in which he pointed out that this Court had

         declined to revive stale arbitral proceedings in view of prolonged

         inactivity and the applicant’s failure to seek an extension even after the

         Tribunal’s mandate had expired.

      31.​ In the alternative and without prejudice to the above, Mr. Dahiya

         submitted that any extension of time would serve no useful purpose

         because the Respondent was in liquidation. He therefore submitted that

         even if any award was passed in favour of the Petitioner, the same would
8
    2025 SCC OnLine Del 5929.
9
    2025 SCC OnLine Bom 1761.
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        be incapable of being enforced under the provisions of Sections 33(5) and

        33(1)(b)(iv) of the IBC.

   32.​ Mr. Dahiya submitted that the Petitioner’s claim had already been

        admitted in the liquidation and that the statutory mechanism under the

        IBC remained available for determination of its quantum. He further

        pointed out that the Justice Shah Tribunal had recorded on 24th March

        2026 that the Respondent would not press its Counter-claim before the

        Justice Lokur Tribunal. He therefore submitted that if the mandate of the

        Justice Lokur Tribunal were to be extended, the only surviving claim

        would be the Petitioner’s claim, which had already been lodged and

        admitted in the liquidation.

   33.​ Mr. Dahiya further submitted that the disputes had, in any event, been

        placed before the Justice Shah Tribunal pursuant to the Hon’ble Supreme

        Court’s order dated 9th September 2024. He pointed out that the Petitioner

        had resisted the Section 11 application on the ground that the

        Respondent’s claims were already pending before the Justice Lokur

        Tribunal and that parallel proceedings could result in conflicting



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        decisions. He submitted that the Hon’ble Supreme Court, however, did

        not adjudicate those objections at the Section 11 stage and instead left it

        open for the Petitioner to raise all objections before the Justice Shah

        Tribunal. He submitted that these objections were then raised by the

        Petitioner before the Justice Shah Tribunal and were rejected by the order

        dated 31st March 2025.

   34.​ Mr Dahiya therefore submitted that continuation of two arbitrations

        arising from the same contractual framework would create a real risk of

        inconsistent findings and conflicting decisions. He pointed out that the

        Respondent’s claim before the Justice Shah Tribunal was for a refund of

        the licence fee paid for the SAP Hybris Solution and the amounts paid

        towards its implementation, on the allegation that the software was not

        delivered as contracted, whereas the Petitioner’s claim before the Justice

        Lokur Tribunal was for unpaid invoices for the same software under the

        same contractual framework. The two claims, he submitted, were

        therefore substantially mirror images of each other.




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   35.​ Mr. Dahiya submitted that the statutory scheme of the IBC also

        reinforced the need for finality. In support of his contention, he placed

        reliance upon the Insolvency Law Committee’s February 2020 Report

        and submitted that Parliament had subsequently enacted Section

        33(1)(b)(iv), extending the effect of the moratorium under Section

        14(1)(a) to liquidation.

   36.​ Mr. Dahiya therefore submitted that, when viewed cumulatively, the

        Petition sought an extension of the mandate of the Justice Lokur Tribunal

        nearly four years after the mandate had expired in respect of a company

        which was now in liquidation. He reiterated that the Petitioner had neither

        explained the intervening period nor demonstrated any circumstance

        beyond its control that prevented it from seeking an extension within the

        prescribed period.

   37.​ Mr. Dahiya accordingly prayed that the Petition be dismissed with

        exemplary costs.




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        Submissions on behalf of the Petitioner in Rejoinder:

   38.​ In rejoinder, Mr. Limathwalla submitted that the Respondent’s objections

        could broadly be grouped under five heads: (i) absence of sufficient

        cause; (ii) the Justice Lokur Tribunal being functus officio; (iii) the effect

        of the constitution of the Justice Shah Tribunal; (iv) the effect of the

        Respondent’s liquidation and the amendments to the IBC; and (v) the

        alleged futility of proceeding with the Petitioner’s claim before the

        Justice Lokur Tribunal.

   39.​ He submitted that, although these objections were framed as objections

        to “sufficient cause”, they did not address the central question under

        Section 29A(5), i.e., whether, having regard to the peculiar facts of the

        case and the circumstances that interrupted the proceedings before the

        Justice Lokur Tribunal, sufficient cause existed to extend its mandate.

   40.​ Also placing reliance upon the decision in the case of Rohan Builders

        (India) Pvt. Ltd. v. Berger Paints India Ltd., he submitted that an

        application under Section 29A(4) is maintainable, whether it is filed

        before or after the expiry of the prescribed period. He therefore submitted



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        that the mere fact that the present Petition was filed after the expiry of the

        mandate did not render it non-maintainable.

   41.​ Mr. Limathwalla then submitted that the Petitioner had established

        sufficient cause within the meaning of Section 29A(5) of the Arbitration

        Act. He reiterated that the interruption of the proceedings before the

        Justice Lokur Tribunal was not attributable to any lack of diligence on the

        Petitioner’s part but resulted from circumstances beyond the Petitioner's

        control, namely (i) the Respondent’s admission into CIRP, (ii) the

        resulting statutory moratorium, (iii) the Respondent’s subsequent

        invocation of a fresh arbitration concerning the same subject matter, and

        (iv) the Petitioner’s bona fide pursuit of its jurisdictional objections

        before the Justice Shah Tribunal, this Court and the Hon’ble Supreme

        Court.

   42.​ He then submitted that it was wholly inequitable for the Respondent to

        rely upon consequences arising from its own conduct to oppose the

        extension of the mandate of the Justice Lokur Tribunal. He submitted that

        the Respondent, having already filed its Counter-claim before the Justice



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        Lokur Tribunal had consciously chosen to invoke a fresh arbitration in

        respect of the same subject matter. He submitted that the Petitioner was

        therefore entitled to oppose the subsequent proceedings because the same

        disputes were already sub judice before the Justice Lokur Tribunal.

   43.​ Mr. Limathwalla submitted that the Petitioner’s position was not that of a

        fence sitter since the Petitioner had consistently maintained that the

        Justice Lokur Tribunal was the appropriate forum for adjudication of

        disputes arising from the parties’ contractual relationship. He submitted

        that the Petitioner was granted liberty by the Hon’ble Supreme Court to

        raise all contentions with regard to the jurisdiction of the Justice Shah

        Tribunal and the joinder of SAP SE before the Justice Shah Tribunal,

        which is precisely what the Petitioner had done. He therefore submitted

        that, in these facts, it was wholly untenable for the Respondent to contend

        that the Petitioner had abandoned its own claims.

   44.​ Mr. Limathwala then placed reliance upon the Liquidator’s email dated

        16th March 2022, which recorded that the Petitioner’s claim was admitted

        notionally at Re. 1/- because the liability could not then be quantified



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        owing to the “ongoing arbitration proceedings with Cox & Kings Ltd.”

        He also reiterated that the Respondent’s subsequent Statement of Claim

        before the Justice Shah Tribunal substantially mirrored its Counter-claim

        before the Justice Lokur Tribunal. He therefore submitted that the parallel

        proceedings were a consequence of the Respondent’s own actions, for

        which the Petitioner could not be faulted.

   45.​ Mr. Limathwalla submitted that the existence of “sufficient cause” must

        be assessed on the facts and circumstances of each case and cannot be

        determined by an inflexible test based solely on the passage of time. He

        then placed reliance upon the decision in Ajay Protech to point out that

        “sufficient cause” must be understood in light of the underlying purpose

        of arbitration, namely, effective resolution of disputes. He submitted that

        the facts of the present case fell squarely within that principle because the

        arbitration proceedings before the Justice Lokur Tribunal were interrupted

        because the Respondent was admitted to the CIRP process and not on

        account of any wilful default on the Petitioner’s part.




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     46.​ Mr. Limathwalla submitted that the authorities relied upon by the

        Respondent were distinguishable on their facts. He pointed out the

        decision in the case of Rajendra Kumar v. National Highways Authority

        of India10 concerned an application that was unsupported by particulars

        or documentary material, whereas the present Petition sets out the

        complete procedural history and the circumstances that prevented the

        continuation of the arbitration before the Justice Lokur Tribunal. Bilkish

        Mohammed v. National Highways Authority of India was likewise

        distinguishable, as the intervening period in that case was wholly

        unexplained. Similarly, Desire Infrabuild Private Limited v. Oyo

        Apartments Investments LLP was distinguishable because, in that case,

        the Petitioner sought an extension only after an award had been rendered

        and a stay had been obtained against it.

     47.​ On the question of whether the Justice Lokur Tribunal was functus

        officio, he submitted that the Respondent could not unilaterally terminate

        the arbitral proceedings by asserting that the Tribunal had become functus

        officio. He pointed out that Section 32 of the Arbitration Act provides for
10
  Order dated 20th May 2026 passed by Himachal Pradesh High Court in Arbitration Case No. 216 of
2025.
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        the manner in which arbitral proceedings can be terminated. In the

        present case, he submitted that it was not even the Respondent's case that

        the proceedings before the Justice Lokur Tribunal had been terminated

        under Section 32.

   48.​ Mr. Limathwalla submitted that a party cannot terminate arbitral

        proceedings merely by declining to participate and thereafter contend that

        the proceedings had ceased to exist. Similarly, he pointed out that the

        Respondent’s decision to pursue its claim before the Justice Shah

        Tribunal could not extinguish the Petitioner’s independent claims before

        the Justice Lokur Tribunal. While the Respondent might elect the forum

        in which to pursue its own claim, that election could not deprive the

        Petitioner of a forum for the adjudication of its pending claims.

   49.​ Mr. Limathwalla also disputed the contention that adjudication of the

        Petitioner’s claim would be futile because the Respondent was in

        liquidation. He pointed out that Regulation 29 of the Insolvency and

        Bankruptcy Board of India (Liquidation Process) Regulations, 2016,

        recognises mutual credits and set-offs between the corporate debtor and a



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        creditor. He therefore submitted that, even if the Petitioner were to

        succeed in its claim before the Justice Lokur Tribunal, it would have the

        benefit of claiming a      set-off against the Respondent. He therefore

        submitted that the Respondent’s contention that the Petitioner’s claim was

        incapable of being given effect to could not, at this stage, justify denying

        the Petitioner an opportunity to have its claim adjudicated on merits.

   50.​ Mr. Limathwalla further pointed out that, once the Respondent made

        clear that it would not press its Counter-claim before the Justice Lokur

        Tribunal, the Petitioner immediately sought resumption of the

        proceedings for adjudication of its own claims. He submitted that this

        conduct demonstrated diligence rather than abandonment. He accordingly

        submitted that sufficient cause within the meaning of Section 29A(5) had

        been established and the objections taken by the Respondent would not

        justify depriving the Petitioner of adjudication of its pending claims.

   51.​ Mr. Limathwalla therefore submitted that the Petition be allowed in

        terms of prayer clause ‘(a)’.




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   52.​ Having heard Learned Counsel for the parties and considering the

        peculiar facts of the present case, I find as follows, viz.

         A.​It is now well settled that the time to complete arbitration

             proceedings can be extended after the expiry of the initial

             twelve-month period or the extended six-month period, as held by

             the Hon’ble Supreme Court in Rohan Builders (India) Pvt. Ltd. v.

             Berger Paints India Ltd. The question, which therefore arises for

             consideration in the present case, is whether the Petitioner has made

             out sufficient cause for extending the mandate of the Justice Lokur

             Tribunal under the provisions of Section 29A(5) of the Arbitration

             Act.

         B.​ The legislative intent underlying Section 29A is to ensure that

             arbitral proceedings proceed expeditiously and that an arbitral award

             is rendered within the prescribed timelines. The Hon’ble Supreme

             Court, in C. Velusamy v. K. Indhera, has held that the Court must

             exercise its discretion under Section 29A after carefully examining

             the facts and circumstances of each case and not as a matter of



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          routine. Similarly, as held in M/s Ajay Protech Pvt. Ltd. v. General

          Manager & Anr., the expression “sufficient cause” must be

          understood in the context of the underlying purpose of arbitration,

          namely, the resolution of disputes through the mechanism agreed

          upon by the parties. Therefore, where arbitration proceedings do not

          conclude within the prescribed timelines for reasons beyond the

          parties' or tribunal's control, or where the delay is not due to any

          wilful default or deliberate attempt to delay by the party applying for

          an extension, it would be manifestly unjust not to condone the delay

          if sufficient cause is shown. This would really defeat the very

          purpose of arbitration.

        C.​ The decisions in Rajendra Kumar v. National Highways Authority

          of India and Bilkish Mohammed Umar Khatri v. Sarabjit Singh

          Arora, upon which reliance was placed by the Respondent, do not, in

          my view, assist the Respondent. Neither decision lays down any

          absolute proposition of law that an application seeking extension of

          the mandate must necessarily fail merely because it is made after a



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           considerable lapse of time. In both cases, the Court declined to

           extend the mandate because the delay had not been satisfactorily

           explained. The determinative consideration in those cases, therefore,

           was the absence of sufficient cause and not merely the length of the

           delay.

        D.​In the present case, it is not in dispute that, after completion of the

           pleadings before the Justice Lokur Tribunal, the Respondent was

           admitted into CIRP, resulting in a stay of legal proceedings against it

           under Section 14 of the IBC. It was in these circumstances that the

           Justice Lokur Tribunal adjourned the proceedings sine die. The

           Respondent thereafter invoked a fresh arbitration against the

           Petitioner and SAP SE in which the Respondent has made the

           virtually identical claim against the Petitioner as that made by the

           Respondent in its counter-claim filed in the proceedings before the

           Justice Lokur Tribunal. What is crucial to note is that when the

           Hon’ble Supreme Court allowed the Section 11 Petition filed by the

           Respondent, the Hon’ble Supreme Court specifically kept open all



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           rights and contentions of the Petitioner to raise all objections before

           the Shah Tribunal. The Petitioner was, therefore, fully justified in

           contesting the jurisdiction of the Justice Shah Tribunal.

        E.​ The Hon’ble Supreme Court dismissed the Petitioner’s SLP on 23rd

           January 2026. The Petitioner approached the Justice Lokur Tribunal

           on 2nd February 2026, within a short period thereafter, seeking the

           resumption of the original arbitration. Thus, immediately after the

           jurisdictional challenge was finally exhausted, the Petitioner acted

           promptly to seek resumption of the proceedings before the Justice

           Lokur Tribunal. This conduct is inconsistent with any suggestion that

           the Petitioner had abandoned the arbitration before that Tribunal. In

           the context of these facts, Respondent’s contention that the Petitioner

           was a “fence sitter” is ill-founded. Hence, the decisions in the case of

           Desire Infrabuild Pvt. Ltd. v. Oyo Apartments Investments LLP,

           upon which reliance was placed by the Respondent, would not apply.

        F.​ On conduct, and crucially, the Respondent has withdrawn its

           counter-claim before the Justice Lokur Tribunal and opposed the



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           continuation of proceedings on the ground that the Petitioner's claim

           has already been adjudicated by the Liquidator. Thus, the Petitioner

           is placed in a position where its claim may effectively be prevented

           from being adjudicated through no fault of the Petitioner. The

           Respondent’s contention that the Petitioner’s claim has already been

           adjudicated by the Official Liquidator also does not, at this stage,

           take the matter any further, particularly having regard to Regulation

           29 of the IBC, which recognises the right to claim mutual credits and

           set-off. In any event, this is not something that the Court has to

           consider when deciding whether the Petitioner has made out a case

           for extension of time under Section 29A(5) of the Arbitration Act. It

           is always open to the Respondent to raise all such objections before

           the Tribunal.

        G.​Hence, for the reasons set out in (A) to (F) above, I am satisfied that

           the Petitioner has made out a case for the extension of the mandate

           of the Justice Lokur Tribunal. The delay in completion of the arbitral

           proceedings before the Justice Lokur Tribunal cannot, in the facts of



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                    the present case, be attributed to any deliberate, wilful or negligent

                    default on the part of the Petitioner, much less of the Tribunal. In

                    these circumstances, to permit the mandate to lapse without

                    affording the Petitioner an opportunity to have its pending claim

                    adjudicated would, in my view, defeat rather than advance the

                    underlying object of the arbitral process.

   53.​For the reasons mentioned hereinabove, I pass the following Order:

                                                  ORDER


          i.​        The captioned Petition is allowed, and the time limit for the arbitral

                     tribunal to make an award is extended by a period of one year.

         ii.​        The extended time shall commence from the date on which a copy

                     of this Order is uploaded.

        iii.​        There shall be no orders as to costs.




    ​           ​        ​      ​      ​     ​         ​     ​   [ARIF S. DOCTOR, J.]


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