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Oct 30, 2024

Supreme Court Holds that Application for Extension of Time is Maintainable, Even After Expiry of Arbitral Tribunal’s Mandate

The Supreme Court in the case of Rohan Builders (India) (P) Ltd. v. Berger Paints India Ltd.,[1] held that an application for extension of time for passing of an arbitral award under Section 29A (5) of the Arbitration Act, is maintainable, even after the prescribed twelve month period, or the extended six month period provided under Section 29A(1) and 29A(3) respectively. The Supreme Court however, clarified that the Court could impose terms and conditions while granting such an application and that such extensions were not to be granted mechanically upon filing of an application.

[1] Rohan Builders (India) (P) Ltd. v. Berger Paints India Ltd., 2024 SCC OnLine SC 2494.

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These are the views and opinions of the author(s) and do not necessarily reflect the views of the Firm. This article is intended for general information only and does not constitute legal or other advice and you acknowledge that there is no relationship (implied, legal or fiduciary) between you and the author/AZB. AZB does not claim that the article's content or information is accurate, correct or complete, and disclaims all liability for any loss or damage caused through error or omission.

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