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Case Analysis Ms Maruti Infracreation Pvt Ltd vs The Chief Engineer Nh Division UP PWD 2026 DHC 5255
Sufficient Cause for Extension of Arbitral Mandate Established: Delhi High Court Grants Three-Month Extension Due to Arbitrator's Medical Emergency, Proceedings at Final Stage
1. Case Snapshot
Case Name: Ms Maruti Infracreation Pvt Ltd vs The Chief Engineer Nh Division Up Pwd
Citation: O.M.P.(MISC.)(COMM.) 445/2026
High Court: High Court of Delhi
Bench: Hon'ble Mr. Justice Om Prakash Shukla
Date of Judgment: 1st July, 2026
Area of Law: Arbitration Law, Section 29A of Arbitration and Conciliation Act, 1996
2. Judgment in Brief
The Delhi High Court granted a three-month extension of the mandate of an Arbitral Tribunal under Section 29A of the Arbitration and Conciliation Act, 1996. The petition arose from disputes under an EPC Contract for the Pratapgarh Bypass Project. The arbitral proceedings had substantially progressed—pleadings were complete, evidence concluded, oral arguments heard, and written submissions filed. Only the publication of the award remained. The Tribunal's mandate was due to expire on 04.07.2026, but the award could not be published due to a medical emergency of one of the Arbitral Tribunal Members who underwent angioplasty and required recovery time. The Court held that sufficient cause was established for extension, as the delay was not attributable to any lack of diligence by the parties or the Tribunal. However, noting that the mandate had already been extended once, the Court granted a three-month extension instead of the six months sought. The Court emphasized that declining the prayer would render the proceedings already undertaken futile.
3. Relevant Facts
Background of the Dispute
The dispute arose from an EPC Contract dated 17.11.2021 for construction of the Pratapgarh Bypass Project in Uttar Pradesh.
The disputes related to execution and implementation of the contract, including issues concerning timely fulfilment of reciprocal obligations, availability of Right of Way, removal of encroachments, and payment claims.
Arbitral Proceedings
Concil
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