O.M.P. (T) (COMM.)/108/2026 of M/S MATRIX Vs NEW INDIA ASSURANCE CO LTD on 30 October 2026

1. The present petition has been filed under Section 14(1)(a) of the Arbitration and Conciliation Act, 19961 seeking termination of the mandate of the Arbitral Tribunal on the ground that the Tribunal has failed to act without undue delay.

2. Learned Counsel for the Petitioner submits that despite the constitution of the Arbitral Tribunal in the year 2023 and the mandate having been extended on two occasions by this Court, the arbitral proceedings have not been concluded.

3. It is further submitted that repeated adjournments and non- availability of witnesses have resulted in considerable delay and has caused substantial and considerable prejudice to the Petitioner.

1 “Act” hereinafter

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4. This court is of the view that although the Arbitral proceedings has suffered considerable delay, substantial progress has already been made.

5. The remaining proceedings are at an advanced stage. It is also apparent that some of the adjournemnts were occasioned by non- availability of witnesses.

6. In these circumstances, the entire delay, at this stage, cannot be attributed exclusively to the Arbitral Tribunal so as to warrant its immediate substitution.

7. In the interest of justice, the existing Arbitral Tribunal is afforded one final opportunity to conclude the proceedings within a period of 90 days from today rather than terminating its mandate at this stage.

8. However, since the mandate of the learned Arbitral Tribunal was extended only till 05.08.2026, any further continuation would require an appropriate extension under Section 29A of the Act. The Petitioner shall be at liberty to seek such extension in accordance with law.

9. It is also strictly clarified that no parties shall take unnecessary adjournments before the Arbitral Tribunal.

10. The learned Arbital tribunal is also requested to complete the

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pending arbitral proceedings expeditiously.

11. The petition stands disposed of in the above terms.

OM PRAKASH SHUKLA, J OCTOBER 30, 2026/pa

Signed By:PRAGYA ARORA