M/S SHIVA ENGINEERING COMPANY vs M/S RELIANCE COMMUNICATION LTD. & ANR.

Judgment text excerpt

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 08.01.2026 + O.M.P.(MISC.)(COMM.) 761/2025 M/S SHIVA ENGINEERING COMPANY .....Petitioner Through: Mr. Vijay Joshi & Mr. Kuldeep Singh, Advs. versus M/S RELIANCE COMMUNICATION LTD. & ANR. ....Respondents Through: Ms. Charu Bansal & Mr. Gaurav Arora, Advs. for R1. Mr. Aditya Ganju, Mr. Hasan Murtaza, Mr. Sameer Sharma, Mr. Samanyu Sethi, Mr. Ankit Sinha, Mr. Vatsal Agrwal & Mr. Sahil Safdar, Advs. for R2. CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN AVNEESH JHINGAN, J. (ORAL) 1. This petition is filed under Section 29A(5) of the Arbitration and Conciliation Act, 1996 (for short „the Act‟) seeking extension of the mandate of the Arbitral Tribunal for a period of one year. 2. The brief facts are that the petitioner is a unit registered under the Micro, Small and Medium Enterprises Development Act, 2006 (for short „MSMED Act‟). There was dispute amongst the parties and the petitioner in March 2020 approached the Micro and Small Signature Not Verified Signed By:AWANISHO.M.P. (MISC.) (COMM) 761/2025 Page 1 of 6 CHANDRA MISHRA Signing Date:12.01.2026 14:49:22 Enterprises Facilitation Council (for short „MSME Council‟) and the matter was referred on 14.07.2021 to Delhi International Arbitration Centre (for short „DIAC‟). The first date before the Arbitrator was 12.11.2021. Respondent no.1 put in first appearance on 09.09.2022 before the Arbitrator and respondent no.2 appeared on 01.12.2022 and sought time. On 23.03.2023, a statement of defence was filed by respondent no.2 alongwith an application under Section 16 of the Act. The order was reserved on 11.01.2024. On 29.06.2024, the petitioner was informed that the mandate of the Arbitral Tribunal had expired. 3. On 11.11.2024, the petitioner attempted to approach th