VidhiSangh

Supreme Court of India · 12/09/2024

ROHAN BUILDERS (INDIA) PRIVATE LIMITED versus BERGER PAINTS INDIA LIMITED

[2024] 9 S.C.R. 473 · 2024 INSC 686

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Summary

Resolving a conflict among High Courts, the Supreme Court held that an application under Section 29A(4) read with Section 29A(5) of the Arbitration and Conciliation Act, 1996 to extend the time for making an arbitral award can be filed even after the twelve-month or consensually extended six-month period has expired. The words 'either prior to or after the expiry' are plain, the 'termination' of the mandate is conditional, and reading in a limitation bar would be judicial legislation; extension remains subject to sufficient cause.

Issues

  1. Whether an application for extension of time under Section 29A(4) and (5) of the Arbitration and Conciliation Act, 1996 is maintainable after the twelve-month period, or the six-month period extended by consent, has expired.
  2. What the word 'terminate' in Section 29A(4) means in its context.
  3. Whether the arbitral tribunal may make the award while an extension application is pending before the court.

Provisions considered

Held

Result

Question answered: an application under Section 29A(4) read with 29A(5) is maintainable even after expiry of the twelve-month or extended six-month period, to be decided on sufficient cause; the appeals directed to be listed in the week commencing 30.09.2024 for final hearing.

Judgment PDF: Supreme Court of India, [2024] 9 S.C.R. 473.