Abhishek Suresh Mehta vs M/S Parth Developers on 2 July, 2026

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    Gujarat High Court

    Abhishek Suresh Mehta vs M/S Parth Developers on 2 July, 2026

                                                                                                                    NEUTRAL CITATION
    
    
    
    
                             C/ARBI.P/145/2025                                  CAV JUDGMENT DATED: 02/07/2026
    
                                                                                                                    undefined
    
    
    
    
                                                                              Reserved On   : 23/04/2026
                                                                              Pronounced On : 02/07/2026
    
                                         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    
                                        R/PETN. UNDER ARBITRATION ACT NO. 145 of 2025
                                                              With
                                       CIVIL APPLICATION (FOR AMENDMENT) NO. 1 of 2025
                                       In R/PETN. UNDER ARBITRATION ACT NO. 145 of 2025
                                                              With
                                        R/PETN. UNDER ARBITRATION ACT NO. 304 of 2025
                                                              With
                                            R/MISC. CIVIL APPLICATION NO. 773 of 2026
                                                                In
                                         R/PETN. UNDER ARBITRATION ACT NO. 39 of 2025
    
                           FOR APPROVAL AND SIGNATURE:
    
    
                           HONOURABLE MR. JUSTICE NIRAL R. MEHTA
                            ==========================================================
    
                                         Approved for Reporting                 Yes            No
                                                                               
                           ==========================================================
                                                     ABHISHEK SURESH MEHTA & ORS.
                                                                 Versus
                                                      M/S PARTH DEVELOPERS & ORS.
                           ==========================================================
                           Appearance:
                           MR RUTUL P DESAI(6498) for the Petitioner(s) No. 1,2,3
                           MAYANK K TRIVEDI(7906) for the Respondent(s) No. 6,7
                           MR KK TRIVEDI(934) for the Respondent(s) No. 6,7
                           MR MEHUL SHARAD SHAH(773) for the Respondent(s) No. 1,2,3,4,5
                           ==========================================================
                              CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
    
    
                                                            CAV JUDGMENT
    

    1. By way of the present petitions filed
    under Section 29A(4) and (5) of the Arbitration
    and Conciliation Act, 1996
    read with Rule 34.6 of

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    the Arbitration Centre (Domestic and
    International), High Court of Gujarat Rules,
    2021, the petitioners have approached this Court
    seeking extension of the mandate of the learned
    Sole Arbitrator, Hon’ble Ms. Justice H.N. Devani
    (Retd.), in Arbitration Case No. 6 of 2022. The
    prayer is to extend the time for a further period
    of six months from the expiry of the last
    extended period, i.e. 20th December, 2025, and
    thereafter for a further period of six months
    from 20th June, 2026, in the interest of justice,
    so as to enable the learned Sole Arbitrator to
    pronounce and publish the arbitral award.

    2. The brief facts necessary for deciding
    the present petitions are as under:

    2.1 The arbitration proceedings were
    initiated pursuant to the order dated 07th
    January, 2022 passed by the High Court of Gujarat
    appointing Hon’ble Ms.Justice H.N. Devani (Retd.)
    as the learned Sole Arbitrator under the
    Arbitration Centre (Domestic and International),
    High Court of Gujarat Rules, 2021. The parties
    were governed by the said Rules, and upon her
    appointment, the learned Sole Arbitrator entered
    upon the reference to adjudicate the disputes
    between the parties.

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    2.2 The claimant filed its Statement of
    Claim on or about 28th February, 2022. Respondent
    Nos.1, 2, 3 and 5 filed their Statement of
    Defence along with Counter Claim on 12 th May,
    2022. Respondent No.4 filed its Statement of
    Defence on 09th May, 2022, whereas respondent
    Nos.6 and 7 filed their Statement of Defence and
    Counter Claim on 13th May, 2022. The claimant
    thereafter filed its rejoinder as well as its
    Statement of Defence to the respective Counter
    Claims on or about 20th June, 2022. Accordingly,
    in terms of Rules 24 and 25 read with Rule 34.4
    of the Rules, 2021, the pleadings stood completed
    on 20th June, 2022, from which date the statutory
    period of twelve months commenced.

    2.3 Upon completion of pleadings and
    settlement of the terms of reference, the parties
    undertook the process of admission and denial of
    documents and thereafter led oral evidence. In
    all, nineteen witnesses were examined and cross-
    examined before the learned Tribunal. The cross-
    examination was extensive and ultimately
    concluded on 22nd September, 2023. Since the
    initial period of twelve months was due to
    expire, the parties, by consent, filed a pursis
    under Rule 34.5 of the Rules, 2021 extending the
    mandate of the learned Tribunal by six months,

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    and accordingly the period stood extended up to
    20th December, 2023.

    2.4 Thereafter, when the matter had reached
    the stage of final hearing and the extended
    period was due to expire on 20th December, 2023,
    the applicants filed Arbitration Petition No.190
    of 2023 seeking a further extension of six
    months. By order dated 20th December, 2023, this
    Court extended the mandate of the learned Sole
    Arbitrator up to 20th June, 2024.

    2.5 During the said extended period, the
    learned Tribunal heard and concluded the oral
    arguments of all the parties on 11th April, 2024.
    Thereafter, the matter was reserved for
    pronouncement of the arbitral award, while
    granting one month’s time to the parties to file
    their written submissions.

    2.6 Having regard to the voluminous record
    and the complex issues arising out of the
    business transactions of the partnership firm and
    the inter se disputes between the partners, the
    learned Tribunal required additional time to
    prepare and pronounce the arbitral award. Since
    it was not likely that the award could be
    pronounced before 20th June, 2024, the applicants
    preferred IAP No.116 of 2024 seeking a further

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    extension of six months.

    2.7 As the extended period was thereafter to
    expire on 20th December, 2024, the applicants
    filed Arbitration Petition No.39 of 2025 seeking
    a further extension of six months, i.e. upto 20th
    June, 2025. The said petition came to be allowed
    by this Court by order dated 13th March, 2025.

    2.8 Even as on the date of filing of the
    present petitions, the arbitral award has not
    been pronounced. It has been stated that the
    learned Sole Arbitrator requires further time and
    that the award is not likely to be pronounced
    before 20th June, 2025. The applicants have,
    therefore, filed the present petitions seeking
    extension of the mandate for a further period of
    six months from 20th June, 2025 to enable the
    learned Sole Arbitrator to pronounce the arbitral
    award.

    3. Heard learned Senior Advocate Mr.Deven
    Parikh with learned Advocate Mr.Rutul Desai for
    the petitioners, Learned Advocate Mr.Mehul Sharad
    Shah for respondent Nos.1 to 5 and Learned
    Advocate Mr.K.K. Trivedi for respondent Nos.6 and
    7.

    4. At the outset, learned advocate Mr.

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    Mehul Shah appearing for the respondent raised a
    preliminary objection by placing reliance upon
    the recent decision of the Apex Court in Jagdeep
    Chowgule v. Sheela Chowgule reported in 2026 INSC

    92. It was contended that, in view of the said
    decision, the jurisdiction to extend the mandate
    of an arbitral tribunal under Section 29A(4) of
    the Arbitration and Conciliation Act, 1996 vests
    only in the Court competent to entertain an
    application under Section 34 challenging the
    arbitral award.

    4.1 Learned Advocate also relied on the
    following judgments to buttress his submissions:

    (i) Mohan Lal Fatehpuria v. M/s.Bharat
    Textiles [SLP (C) No.13779 of 2025],

    (ii) Budhia Swain v. Gopinath Deb [(1999)
    4 SCC 396],

    (iii) Rohan Builders (India) Pvt. Ltd. v.

    Berger Paints India Ltd. [(2025) 10
    SCC 802],

    (iv) Chiranjilal Shrilal Goenka
    (Deceased) through Lrs. v. Jasjit
    Singh [(1993) 2 SCC 507],

    (v) Nimet Resources Inc. v. Essar Steels
    Ltd.
    [(2009) 17 SCC 313],

    (vi) Chief Engineer (NH) PWD (Roads) v.

    BSC & C and C JV [2024 SCC OnLine SC
    1801],

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    (vii) Petition under Arbitration Act
    No.132 of 2024 decided by the High
    Court of Gujarat vide order dated
    22nd November, 2024,

    (viii) Coimbatore Integrated Waste
    Management Company Pvt. Ltd. v.

    Coimbatore City Municipal
    Corporation [2026 LawSuit (Mad) 83],

    (ix) C B Ramkumar S/o. Late I B Menon:

    Lalitha Ramkumar W/o C B Ramkumar v.
    M/s.Himalaya Prime Assets Pvt. Ltd.
    [2026 LawSuit (Kar) 223],

    (x) Era International v. Aditya Birla
    Global Trading India Pvt. Ltd. [2024
    SCC OnLine Bom 835].

    4.2 Learned Advocate Mr.Shah, on the basis
    of the aforesaid, requested this Court not to
    entertain the present petition.

    5. Per contra, learned Senior Advocate
    Mr.Deven Parikh appearing for the petitioner made
    the following submissions:

    5.1 Learned Senior Advocate submitted that
    while appointing the learned Sole Arbitrator by
    order dated 07th January, 2022 passed in
    Arbitration Petition No.91 of 2020, this Court
    specifically directed that the arbitration
    proceedings shall be governed by the Arbitration
    Centre (Domestic and International), High Court
    of Gujarat Rules, 2021, and that both parties

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    shall be bound by the said Rules. It was
    submitted that the parties have all throughout
    acted in accordance with the said Rules without
    raising any objection. Therefore, it is no longer
    open for the respondent to contend that the
    petition for extension of the mandate under
    Section 29A(4) cannot be entertained by this
    Court by overlooking Rule 34.6 of the Rules,
    2021. It was, therefore, urged that the
    preliminary objection deserves to be rejected.

    5.2 It was further submitted that all the
    earlier applications seeking extension of the
    mandate were filed before this Court under Rule
    34.6 of the Rules, 2021 and no objection was ever
    raised by the respondent. Having accepted the
    applicability of Rule 34.6 on the earlier
    occasions, the respondent cannot now contend that
    the petitioners should approach the civil court
    for extension of time.

    5.3 Learned Senior Advocate submitted that
    the Rules, 2021 continue to hold the field and
    have not been challenged. The said Rules, having
    statutory force, are binding on the parties. Rule
    34.6 specifically empowers the High Court to
    extend the mandate of the arbitral tribunal on an
    application made by any party. Therefore, in

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    terms of the statutory Rules, this Court alone
    has the jurisdiction to extend the mandate and
    the petitioners cannot be relegated to the civil
    court under Section 29A(5) of the Act.

    5.4 It was next submitted that party
    autonomy is the cornerstone of arbitration law.

    Parties are free to adopt, by agreement, the
    rules that would govern the arbitral proceedings.
    In the present case, having accepted the
    applicability of the Rules, 2021 by their
    conduct, the parties cannot now depart from the
    said Rules.

    5.5 It was submitted that by referring the
    disputes to arbitration in accordance with the
    Rules, 2021, this Court had referred the matter
    to an institutional arbitration. In the absence
    of any objection to such reference, the
    respondents cannot now dispute the jurisdiction
    of this Court to extend the mandate under Rule
    34.6. It was further submitted that the decision
    in Jagdeep Chowgule (supra) does not deal with
    institutional arbitration where the governing
    rules of the institution specifically confer such
    power upon the High Court.

    5.6 Learned Senior Advocate further
    submitted that, in arbitration, parties are not

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    only free to adopt the procedure governing the
    proceedings but are also entitled to agree upon
    the forum exercising supervisory jurisdiction.
    Therefore, once the parties accepted the Rules,
    2021, Rule 34.6 alone would govern the extension
    of the mandate. It was contended that, in the
    peculiar facts of the present case, where the
    Hon’ble the Chief Justice referred the disputes
    to the Arbitration Centre with a specific
    direction that the Rules, 2021 would apply, any
    extension of the mandate must necessarily be
    sought under Rule 34.6 before this Court.

    5.7 It was also submitted that the High
    Court Arbitration Centre is entitled to provide,
    under its Rules, that its proceedings shall be
    supervised by the High Court alone and not by the
    District Court. Consequently, Rule 34.6 confers
    jurisdiction exclusively upon the High Court to
    extend the mandate of the arbitral tribunal.

    5.8 Lastly, it was submitted that the
    Arbitration Centre has framed a complete set of
    Rules governing institutional arbitration,
    including Rule 34.6 relating to extension of the
    mandate. Once the parties have chosen to be
    governed by those Rules, the procedure prescribed
    therein must be followed. According to the

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    learned Senior Advocate, the parties having
    agreed to the supervisory jurisdiction of the
    High Court in matters relating to extension of
    the mandate, such an arrangement is neither
    inconsistent with nor contrary to the fundamental
    policy of the Arbitration and Conciliation Act,
    1996
    . It was, therefore, submitted that the
    principle of party autonomy permits the parties
    to adopt such procedural framework even in
    matters concerning Section 29A of the Act.

    5.9 By making above submissions, learned
    Senior Advocate requested this Court to reject
    the preliminary objection raised by the
    respondents.

    5.10 To substantiate the aforesaid
    contentions, Learned Senior Advocate relied on
    the following decisions:

    (i) Reliance Industries Ltd. v. Union of
    India
    [(2014) 7 SCC 603];

    (ii) Amazon.com NV Investment Holdings
    LLC v. Future Retail Ltd.
    [(2022) 1
    SCC 209];

    (iii) Hindustan Construction Company Ltd.

    Through its Authorised Signatory
    Yogesh Dalal v. Bihar Rajya Pul
    Nirman Nigam Ltd. [2025 LawSuit (SC)
    1542] and

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    (iv) P.R. Shah Shares and Stock Brokers
    Pvt. Ltd. v. B.H.H. Securities Pvt.
    Ltd.
    [(2012) 1 SCC 594].

    6. Learned advocate Mr.Amit Thakkar adopted
    the submissions advanced by learned Senior
    Advocate Mr.Deven Parikh. However, in so far as
    Miscellaneous Civil Application No.773 of 2026 in
    Arbitration Petition No.39 of 2025 is concerned,
    he questioned its maintainability by relying upon
    the provisions of Order XLVII of the Code of
    Civil Procedure
    , 1908.

    6.1 It was submitted that the Explanation to
    Order XLVII makes it abundantly clear that a
    judgment cannot be reviewed merely because the
    legal position on which it was based has
    subsequently been reversed or modified by a
    superior court in another case. According to the
    learned advocate, the present Miscellaneous Civil
    Application is founded entirely on the decision
    of the Apex Court in Jagdeep Chowgule (supra),
    rendered on 29th January, 2026.

    6.2 It was further submitted that the orders
    sought to be reviewed and recalled were passed on
    13th March, 2025 and 21st March, 2025, much prior
    to the pronouncement of the judgment in Jagdeep
    Chowgule (supra). Therefore, a subsequent

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    declaration of law by the Apex Court cannot
    furnish a ground to seek review of orders passed
    before such declaration. It was, therefore,
    contended that the review application is
    misconceived and deserves to be dismissed.

    7. In rejoinder, learned advocate Mr. Shah
    made the following submissions:

    7.1 It was submitted that no distinction can
    be drawn between an institutional arbitration and
    an ad hoc arbitration so far as the applicability
    of the Arbitration and Conciliation Act, 1996 is
    concerned. According to the learned advocate, the
    provisions of the Act apply uniformly to both
    forms of arbitration.

    7.2 Learned advocate further submitted that
    when Rule 34.6 of the Arbitration Centre
    (Domestic and International), High Court of
    Gujarat Rules, 2021 was framed, the jurisdiction
    to extend the mandate under Sections 29A(4) and
    29A(5) vested in the High Court, and therefore
    the expression “High Court” came to be
    incorporated in the said Rule. It was contended
    that, in any case, the Rules of the Arbitration
    Centre cannot override the provisions of the
    Arbitration and Conciliation Act, 1996. According
    to the learned advocate, in view of the recent

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    decision of the Apex Court interpreting Section
    29A(4)
    , it has now been authoritatively held that
    the expression “Court” refers to the court having
    jurisdiction to entertain an application under
    Section 34 of the Act. Consequently, to the
    extent Rule 34.6 is inconsistent with the said
    interpretation of Section 29A(4), it cannot be
    given effect to.

    7.3 On the aforesaid submissions, learned
    advocate for the respondents prayed that the
    preliminary objection be upheld.

    CONTROVERSY BEFORE THE COURT AS FOLLOWS:

    8. Having considered the submissions
    advanced by the learned advocates for the
    respective parties and upon perusal of the
    material placed on record, the following
    questions arise for determination:

    (i) Whether, in the facts of the present
    case, the jurisdiction to extend the
    mandate of the learned Sole Arbitrator
    is to be determined in accordance with
    Section 29A(4) of the Arbitration and
    Conciliation Act, 1996, as interpreted
    by the Apex Court in Jagdeep Chowgule
    (supra), or in accordance with Rule 34.6

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    of the Arbitration Centre (Domestic and
    International), High Court of Gujarat
    Rules, 2021, which the parties had
    agreed to be governed by?

    (ii) Whether the principle of party autonomy
    permits the parties, either by agreement
    or by adopting institutional arbitration
    rules, to confer jurisdiction upon the
    High Court to entertain an application
    for extension of the arbitral tribunal’s
    mandate, notwithstanding the scheme of
    Section 29A of the Arbitration and
    Conciliation Act, 1996?

    (iii) Whether Rule 34.6 of the Arbitration
    Centre (Domestic and International),
    High Court of Gujarat Rules, 2021 can
    operate independently of, or prevail
    over, the jurisdictional framework
    contained in Section 29A of the
    Arbitration and Conciliation Act, 1996?

    9. So as to decide the aforesaid question,
    in my view, provisions of Section 29A(4) deserves
    consideration. For the sake of brevity, the same
    is hereby reproduced hereunder:

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    “29A. Time Limit for arbitral
    award.-

                                             (1) ...          ...   ...
                                             (2) ...          ...   ...
                                             (3) ...          ...   ...
    
    

    (4) If the award is not made within
    the period specified in sub-section
    (1) or the extended period specified
    under sub-section (3), the mandate of
    the arbitrator(s) shall terminate
    unless the Court has, either prior to
    or after the expiry of the period so
    specified, extended the period:

    Provided that while extending the
    period under this sub-section, if the
    Court finds that the proceedings have
    been delayed for the reasons
    attributable to the arbitral tribunal,
    then, it may order reduction of fees
    of arbitrator(s) by not exceeding five
    per cent for each month of such delay:

    Provided further that where an
    application under sub-section (5) is
    pending, the mandate of the arbitrator
    shall continue till the disposal of
    the said application:

    Provided also that the arbitrator
    shall be given an opportunity of being
    heard before the fees is reduced.”

    10. A plain reading of Section 29A of the
    Arbitration and Conciliation Act, 1996 makes it
    evident that, except in the case of an
    international commercial arbitration, the

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    arbitral tribunal is required to make the
    arbitral award within a period of twelve months
    from the date of completion of pleadings under
    Section 23(4) of the Act. The time limit
    prescribed by the legislature is mandatory in
    nature and forms an integral part of the
    statutory framework governing arbitral
    proceedings.

    Under Section 29A(3), the legislature
    has consciously preserved the principle of party
    autonomy by permitting the parties, by mutual
    consent, to extend the mandate of the arbitral
    tribunal for a further period not exceeding six
    months. Thus, to that limited extent, the
    continuation of the arbitral proceedings remains
    within the control of the parties.

    However, the statutory scheme undergoes
    a marked change once the initial period of twelve
    months and the consensual extension of six months
    expire. Section 29A(4) expressly provides that,
    upon expiry of the said period, the mandate of
    the arbitral tribunal stands terminated unless
    the Court extends the period. At that stage, the
    legislature has consciously withdrawn the matter
    from the domain of party autonomy and entrusted
    it to judicial supervision. The continuation of

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    the arbitral tribunal thereafter depends solely
    upon an order of the Court passed on sufficient
    cause being shown and on such terms and
    conditions as it may deem fit. The Court is also
    empowered, if the circumstances so warrant, to
    substitute the arbitrator while granting such
    extension.

    The scheme of Section 29A, therefore,
    reflects a careful legislative balance between
    party autonomy and judicial oversight. While the
    parties enjoy complete freedom to grant a one-
    time extension of six months by mutual consent,
    any further continuation of the arbitral tribunal
    is placed exclusively under the control of the
    Court. The provision is not merely procedural;
    rather, it constitutes a self-contained statutory
    mechanism regulating the time within which an
    arbitral award is to be made and prescribing the
    manner in which the mandate of the arbitral
    tribunal may continue beyond the prescribed
    period.

    10.1 Section 29A thus imposes a statutory
    obligation upon the arbitral tribunal to render
    its award within a maximum period of eighteen
    months, comprising the original period of twelve
    months and the additional six months that may be

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    granted by consent of the parties. Beyond this
    period, the mandate can continue only upon an
    order of the Court under Section 29A(4).

    Viewed from this perspective, neither
    the parties nor an arbitral institution can, by
    agreement or by institutional rules, provide for
    any mechanism permitting extension of the
    tribunal’s mandate beyond the statutory period
    without recourse to the Court. Significantly, the
    Act does not carve out any exception excluding
    institutional arbitrations seated in India from
    the operation of Section 29A. Consequently,
    irrespective of whether the arbitration is ad hoc
    or institutional, any extension of the arbitral
    tribunal’s mandate beyond the statutory period
    must necessarily be sought from the “Court” as
    understood under Section 29A read with the
    definition contained in Section 2(1)(e) of the
    Act.

    11. At this stage, this Court cannot be
    under any oblivion with regard to the recent
    pronouncement of the Apex Court in the case of
    Jagdeep Chowgule (supra). It would be apt to
    consider the relevant portion of the said
    decision. The same is quoted as under:

    “5. As we begin to examine the very

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    same questions, ably canvassed before us by
    Mr. Abhay Anil Anturkar and Mr. Amit Pai,
    learned counsels for the appellant and the
    respondents respectively, we would prefer to
    reframe the question, which is as simple and
    straight forward as follows:-

    If an arbitral tribunal – appointed by
    the High Court or by the parties
    concerned – does not complete proceedings
    within the required or extended time
    limit, can an application to extend time
    under Section 29A of the Act can be filed
    before the High Court or the Civil Court?

    6. We are of the opinion that there
    was no need to split the questions into two,
    one for a situation when the High Court
    constitutes the arbitral tribunal under
    Section 11(6) and the other, when the parties
    themselves constitute it under Section 11(2).

    Perhaps by asking the wrong questions, the
    Division Bench arrived at wrong answers. It
    is not just this Division Bench, in fact this
    perceived duality in the appointment process
    has given rise to divergent views of
    different High Courts. Before we deal with
    the divergent views of the High Court,
    followed by our analysis, short and necessary
    facts are as follows.

    IV. Divergence in the opinion of the High
    Courts on interpretation of “Court” under
    Section 2(1)(e) of the Act

    8. A large number of decisions of the High
    Courts on interpretation of Section 29A of
    the Act can be categorized into following two
    streams.

    A. Judgments taking the view that ‘Court’ in
    Section 29A is Court as defined in Section
    2(1)(e)
    .

    9. The first stream of High Court decisions
    in Mormugao Port Trust v. Ganesh Benzoplast
    Ltd. [WP No.
    3 of 2020 (High Court of Bombay
    at Goa)], M/s A’Xykno Capital Services
    Private Ltd. V State of UP [2023 SCC OnLine

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    AII 2991], and Dr. VV Subbarao v. Dr. Appa
    Rao Mukkamala & Ors. [2024 SCC OnLine AP
    1668], hold that the expression ‘Court’ in
    Section 29A is the Court as defined under
    Section 2(1)(e), irrespective of the event
    that the arbitral tribunal was constituted by
    the Supreme or High Courts under Section
    11(6)
    or by consent of parties under Section
    11(2)
    of the Act. They hold that, once an
    arbitrator has been appointed through the
    judicial process, the Courts become functus
    officio and applications seeking extension of
    mandate under Section 29A are to be filed
    before Court as defined in Section 2(1)(e).

    9.1 Further, as per this stream of decisions,
    the text of the legislation is unambiguous.
    Neither a High Court not having original
    ordinary civil jurisdiction has been included
    with regard to entertainability of an
    application under Section 29A, nor a
    Principal Civil Court has been excluded from
    Section 2(1)(e) for purpose of Section 29A.
    Some of these decisions clarify that, when
    the legislature intended to delineate
    jurisdictions, requisite provisions have duly
    been made, as exemplified through Sections 47
    and 57, whereby jurisdiction of Civil Courts
    is expressly excluded. Further, Section 29A
    stipulates no distinction between arbitrators
    appointed with the consent of parties or by
    Constitutional Courts under Section 11.
    B. Other stream of judgments interpreting
    Court in Section 29A in the ‘context’ to
    disapply Section 2(1)(e).

    10. The second stream of High Court
    decisions in Nilesh Ramanbhai Patel v.
    Bhanubhai Ramanbhai Patel
    [2018 SCC OnLine
    Guj 5017], Cabra Instalaciones Y. Servicios
    v. Maharashtra State Electricity Distribution
    Co. Ltd. [2019 SCC OnLine Bom 1437], DDA v.
    Tara Chand Sumit Construction Co. [2020 SCC
    OnLine Del 2501], Amit Kumar Gupta v. Dipak
    Prasad [2021 SCC OnLine Cal 2174], Magnus
    Opus IT Consulting Pvt Ltd v. Artcad Systems

    [2022 SCC OnLine Bom 2861], Indian Farmers
    Fertilizers Cooperative Limited v. Manish

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    Engineering Enterprises [2022 SCC OnLine All
    150], Best Eastern Business House Pvt. Ltd.
    v. Mina Pradhan
    [2025 SCC OnLine Cal 7997],
    Ovington Finance Pvt Ltd. v. Bindiya Naga
    [2023 SCC OnLine Del 8765], K.I.P.L.
    Vistacore Infra Projects J.V. v. Municipal
    Corporation
    of the city of Ichalkarnj [2024
    SCC Online Bom 327], M/S Geo Miller Company
    Private Limited v. UP Jal Nigam and Ors.
    [2024 SCC OnLine All 1676], Best Eastern
    Business House Pvt. Ltd. v. Mina Pradhan

    [2025 SCC OnLine Cal 7997], and M/s. Premco
    Rail Engineering Ltd. v. Indian Institute of
    Technology, Indore [Arbitration Case No.88
    of
    2025 (High Court of Madhya Pradesh)] hold
    that in cases where the appointment of
    arbitrator is by the High Court under Section
    11(6)
    , applications for extension of time
    under Section 29A cannot be made before Civil
    Courts. The primary concern in these
    decisions is, if the expression “Court” in
    Section 2(1)(e) is interpreted to mean only
    the Court as defined there, it will create a
    jurisdictional anomaly, that is, the High
    Court would be appointing the arbitrator and
    the Civil Court, a Court inferior to it,
    could be asked to extend the arbitrator’s
    mandate and would also have the jurisdiction
    to substitute the arbitrator appointed by the
    High Court.

    10.1 It is reasoned that as the
    exclusive power of appointment of arbitrator
    under Section 11 is of the Supreme Court or
    the High Courts, the ancillary power of
    extension or substitution can only be of
    these Courts, or else a situation of
    “conflict of power” between the Civil Court
    and the High Court would arise in cases of
    domestic arbitration and a similar conflict
    would arise between the High Court and the
    Supreme Court in cases of international
    commercial arbitration.

    10.2 To obviate the situation, these
    lines of decisions adopt the interpretative
    principle of giving “contextual” meaning to
    the expression ‘Court’ in Section 29A by

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    referring and relying on the phrase “in this
    Part, unless the context otherwise requires”

    in Section 2(1) of the Act. The High Courts,
    for instance the High Court of Gujarat in
    Nilesh Ramanbhai Patel (Supra) followed by
    the Delhi High Court in DDA v. Tara Chand
    (Supra
    ) [2020 SCC OnLine Del 2501] were
    troubled by the power of principal Civil
    Court to substitute arbitrators appointed by
    the High Court. To resolve this complexity,
    they have taken the view that “Court” under
    Section 29A for extension of the mandate of
    the arbitral tribunal in the context of the
    arbitral tribunal being constituted by the
    High Court or the Supreme Court under Section
    11(6)
    , shall not be the “Court” as defined in
    Section 2(1)(e), but the High Court or the
    Supreme Court under Section 11(6).

    12. The Arbitration and Conciliation
    Act, 1996
    is a complete code. While Chapter I
    of the Act
    relates to definitions, limits of
    judicial intervention and waiver. Chapter II
    defines the scope of an arbitration
    agreement, the obligation of a judicial
    authority to refer the parties to the
    agreement to arbitration and power of the
    Court to provide interim measures. Chapter
    III relates to the initiation and composition
    of arbitral tribunal, as also the procedure
    and remedies for challenging the
    appointments. Chapter IV relates to
    jurisdiction of arbitral tribunals, its
    powers to examine its own competence and also
    to provide interim measures. Chapter V deals
    with the conduct of arbitral proceedings. The
    process of making of award and termination of
    arbitral proceedings is dealt with in Chapter
    VI. Finally, Chapters VII, VIII and IX relate
    to judicial remedies for challenging the
    award, appeal, finality and enforcement.

    True Text and Context of Section 29A

    16. As we move away from the process of
    “Appointment of Arbitrators” under Section 11
    and arrive at the “Conduct of Arbitral
    Proceedings” and “Making of Arbitral Award

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    and Termination”, which procedures are
    articulated in Chapters V and VI, we notice
    the Parliament’s endeavour to introduce
    principles of integrity and efficiency in
    working of the alternative remedy by
    prescribing time limits. This is an important
    feature, introduced through Section 29A,
    w.e.f. 23.10.2015. The Section in its
    entirety has already been extracted for ready
    reference, but a holistic reading of the
    provision with other parts of the Act
    mandates as follows;

    (i) Sub-Section (1) of Section 29A mandates
    that the award shall be made within 12
    months of the completion of pleadings
    before the Arbitral Tribunal. While sub-
    Section (2) incentivises expeditious making
    of the Award, proviso to sub-Section (4)
    and sub-Section (8) authorises the Court to
    impose penalty for delay in making the
    award.

    (ii) Sub-Section (3) enables parties, by
    consent, to extend the period of 12 months
    for making the award by a further period
    not exceeding 6 months.

    (iii) If the award is not made within the
    stipulated period of 12 months or the
    extended period of 6 months, the mandate of
    the arbitrator(s) shall terminate.

    (iv) This termination is subject to the
    power of the Court to extend the period.

    (v) The ‘Court’ under Section 29A shall be
    the Civil Court of ordinary original
    jurisdiction in a district and includes the
    High Court in exercise of its original
    civil jurisdiction under Section 2(1)(e),
    and shall not be the High Court or the
    Supreme Court under Section 11(6) of the
    Act. Equally, Section 42 of the Act
    relating to jurisdiction for application
    will not apply to Section 11 of the Act.

    (vi) There is no statutorily prescribed
    time limit for the Court to exercise its
    power under Section 29A(4) for extending
    the period, except for its own restraint.

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    The Court can exercise the power before or
    after the expiry of the period under sub-
    Sections 29A(1) or (3). Further, there is
    no prescription of outer limit for
    extending time for conclusion of arbitral
    proceedings. Given this power, the Court
    will exercise it with circumspection,
    balancing the remedy with rights of other
    stake holders.

    (vii) The power of the Court to extend the
    time under sub-Section (4) may be exercised
    on an application by any of the parties.
    Once such an application for extension of
    time is pending, the mandate of the
    arbitrator shall continue till the disposal
    of such application under sub-Section (9).
    The Court shall also endeavour to dispose
    of such an application within 60 days.

    (viii) Under Section 29A(6), while
    exercising the power of extension, it shall
    be open to the Court to substitute one or
    all the arbitrators. This is a
    discretionary power that the Court would
    exercise in the facts and circumstances of
    the case. Upon substitution, the
    reconstituted tribunal shall be deemed to
    be in continuation of the previously
    appointed tribunal as per Section 29A(7)
    and shall continue from the stage already
    reached and on the basis of evidence
    already on record. The newly appointed
    arbitrators shall be deemed to have
    received the evidence and materials.

    (ix) Vesting of the power of substitution,
    under Section 29A(6), is on the Court and
    this Court is the Court as defined in
    Section 2(1)(e). The text as well as the
    context for identifying the Court in
    Section 29A(6), as well as in 29A(4), is
    the Court in Section 2(1)(e). The
    expression ‘Court’ in other provisions must
    be guided by the meaning given in Section
    2(1)(e)
    .

    17. Before we examine the
    interpretative choices of the Court to
    decipher the true meaning of a word on the
    basis of the context, it is necessary for us
    to consider if perceptions such as “inferior

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    Court”, “conflict of power”, “hierarchy” or
    even a “jurisdictional anomaly”, can supply
    “context” for deviating from a definition
    supplied by the Parliament to an expression.
    We have no hesitation in holding that
    interpretation based on a perception of
    status or hierarchy of Courts is opposed to
    the fundamental conception of rule of law. It
    is apt to refer to the famous statement of
    Dicey that, ‘however high you may be, the law
    is above you.’ Law, and law alone is the
    source of power.

    20. For the reasons stated above, we
    are of the opinion that the conclusion on the
    ground that there will be hierarchical
    difficulties, conflict of power or
    jurisdictional anomaly if a Civil Court
    entertains application under Section 29A for
    extension of time of an arbitral tribunal if
    the High Court under Section 11(6) of the Act
    has appointed the arbitrator(s) is untenable.
    This approach is hereby rejected.

    VIII. Interpretation of the expression
    “Court” in Section 2(1)(e)

    21. It is a settled principle of
    statutory interpretation that a defined term
    must ordinarily bear the meaning assigned to
    it “unless the context otherwise requires”.
    Further, in State of West Bengal v.
    Associated Contractors
    [(2015) 1 SCC 32], a
    three-judge bench held that no Court other
    than the one defined in Section 2(1)(e) gets
    qualified as ‘Court’ under Part I of the Act,
    1996
    . It observed that,

    “25. …. (a) Section 2(1)(e) contains an
    exhaustive definition marking out only the
    Principal Civil Court of Original
    Jurisdiction in a district or a High Court
    having original civil jurisdiction in the
    State, and no other court as “court” for
    the purpose of Part I of the Arbitration
    Act, 1996
    .”

    22. Similarly, in Nimet Resources Inc.
    & Anr. v. Essar Steels Ltd.
    [(2009) 17 SCC

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    313] where this Court considered Section 2(1)

    (e) in the context of Section 14 observed as
    under:

    “8. Application in terms of sub-section (2) of
    Section 14, thus, lies before a “court” within
    the meaning of the 1996 Act.

    9. It is only thus the “court”, within the
    meaning of the provisions of the said Act which
    can entertain such an application raised by the
    parties herein and determine the dispute therein
    on merit.

    10. Unlike the 1940 Act, “court” has been defined
    in Section 2(1)(e) to mean:

    “2. (1)(e) ‘Court’ means the Principal
    Civil Court of Original Jurisdiction in a
    district, and includes the High Court in
    exercise of its ordinary original civil
    jurisdiction, having jurisdiction to decide
    the questions forming the subjectmatter of
    the arbitration if the same had been the
    subjectmatter of a suit, but does not
    include any civil court of a grade inferior
    to such Principal Civil Court, or any Court
    of Small Causes;”

    11. As a “court” has been defined in the 1996 Act
    itself, an application under Section 14(2) would
    be maintainable only before the Principal Civil
    Court which may include a High Court having
    jurisdiction but not this Court.

    12. This Court in passing its order dated 27-9-
    2000, as noticed hereinbefore, did not and could
    not retain any jurisdiction in itself as could be
    done in suitable cases under the 1940 Act. It
    even did not determine the validity or otherwise
    of the arbitration agreement. It allowed the
    parties to take recourse to their remedies before
    the learned arbitrator. When the said order was
    passed, this Court was considered to have only an
    administrative power, but the same has since been
    held to be a judicial power in SBP & Co. v. Patel
    Engg. Ltd. [(2005) 8 SCC 618] The said
    jurisdiction, however, does not extend to Section
    14
    of the Act.

    13. The definition of “court” indisputably would
    be subject to the context in which it is used. It

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    may also include the appellate courts. Once the
    legislature has defined a term in the
    interpretation clause, it is not necessary for it
    to use the same expression in other provisions of
    the Act. It is well settled that meaning assigned
    to a term as defined in the interpretation clause
    unless the context otherwise requires should be
    given the same meaning.

    14. It is also well settled that in the absence
    of any context indicating a contrary intention,
    the same meaning would be attached to the word
    used in the later as is given to them in the
    earlier statute. It is trite that the words or
    expression used in a statute before and after
    amendment should be given the same meaning. It is
    a settled law that when the legislature uses the
    same words in a similar connection, it is to be
    presumed that in the absence of any context
    indicating a contrary intention, the same meaning
    should attach to the words.

    18. Jurisdiction under Section 11(6) of the 1996
    Act is used for a different purpose. The Chief
    Justice or his designate exercises a limited
    jurisdiction. It is not as broad as sub-section
    (4) of Section 20 of the 1940 Act. When an
    arbitrator is nominated under the 1996 Act, the
    court does not retain any jurisdiction with it.
    It becomes functus officio subject of course to
    exercise of jurisdiction in terms of
    constitutional provisions or the Supreme Court
    Rules.”

    (emphasis supplied)

    23. Nimet Resources (Supra) clarifies
    two propositions of enduring relevance.
    First, that applications concerning conduct,
    continuation, termination or substitution of
    an arbitral mandate, whether under Section 14
    or otherwise, are matters of curial
    supervision and must be instituted before the
    “Court” as statutorily defined. Second, that
    the jurisdiction exercised under Section 11
    is limited and exhausted upon the
    constitution of the arbitral tribunal,
    leading to the appointing Court becoming
    functus officio thereafter. These principles
    apply with equal force to Section 29A. The
    extension of mandate or substitution of an
    arbitrator under Section 29A does not partake

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    the character of “appointment” under Section
    11
    , but is a measure designed to ensure
    timely conclusion of arbitration. Absence of
    any contextual indicia to the contrary, the
    expression “Court” in Section 29A must,
    therefore, be accorded the meaning assigned
    to it under Section 2(1)(e).

    X Conclusion

    27. In view of the above, we allow the
    appeals, set aside the reference of the
    Division Bench in Writ Petition No. 88 of
    2024 dated 07.08.2024 and the subsequent
    judgment and order of the Single Judge of the
    High Court in Writ Petition No. 88 of 2024
    dated 21.08.2024 and restore the judgment of
    the Commercial Court in Civil Miscellaneous
    Application No. 20/2023/A dated 02.01.2024.
    Parties are at liberty to move the Commercial
    Court for further extension under Section
    29A(5)
    for exercising Court’s power under
    Section 29A(4). The Court shall consider the
    application, hear the parties and pass
    appropriate orders.”

    12. Having considered the rival submissions,
    this Court now proceeds to examine the
    contentions advanced on behalf of the
    petitioners.

    12.1 The principal contention of the
    petitioners is founded upon Rule 34.6 of the
    Arbitration Centre (Domestic and International),
    High Court of Gujarat Rules, 2021, which provides
    that an application for extension of the mandate
    of the arbitral tribunal shall lie before the
    High Court. It is true that the reference to

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    arbitration in the present case was made in
    accordance with the said Rules and the parties
    had agreed to be governed by them. However, that
    by itself cannot conclude the issue.

    Rule 34.6 was framed in the year 2021
    when the legal position regarding Section 29A of
    the Arbitration and Conciliation Act, 1996 had
    not been authoritatively settled. Subsequently,
    the Apex Court, in Jagdeep Chowgule (supra), has
    interpreted Section 29A in conjunction with
    Section 2(1)(e) of the Act and has categorically
    held that an application for extension of the
    mandate must be presented before the Court
    competent to entertain a challenge under Section
    34
    of the Act. Once the statutory provision has
    been authoritatively interpreted by the Apex
    Court, Rule 34.6 must necessarily yield to such
    interpretation. The Rule, therefore, cannot be
    applied in disregard of Section 29A as
    interpreted by the Apex Court.

    12.2 Equally untenable is the contention
    that, since earlier applications for extension
    were entertained by this Court under Rule 34.6
    without objection, the respondents are now
    precluded from raising the issue of jurisdiction.
    All the earlier orders extending the mandate were

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    passed prior to the pronouncement of the decision
    in Jagdeep Chowgule (supra). Once the Apex Court
    has declared the law, the same becomes binding on
    all courts by virtue of Article 141 of the
    Constitution. Article 144 further obliges all
    civil and judicial authorities to act in aid of
    the Supreme Court. Consequently, the
    jurisdictional issue must now be examined in the
    light of the law declared by the Apex Court,
    irrespective of the course adopted in the earlier
    proceedings.

    12.3 The further submission that Rule 34.6
    continues to operate as it has not been
    challenged also does not merit acceptance. It is
    well settled that subordinate legislation must
    conform to the parent statute. If a rule is found
    to be inconsistent with the provisions of the Act
    or with the law declared by the Apex Court while
    interpreting the Act, such inconsistency cannot
    be ignored merely because the rule has not been
    specifically challenged. The duty of the Court is
    to harmoniously construe the Rules with the Act.
    Therefore, Rule 34.6 must operate subject to
    Section 29A and cannot be construed in a manner
    inconsistent with the statutory scheme.

    12.4 Much emphasis was placed on the

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    principle of party autonomy, which undoubtedly
    constitutes one of the foundational principles of
    arbitration law. The Arbitration and Conciliation
    Act, 1996
    accords considerable freedom to parties
    in matters relating to the arbitration agreement,
    the number and appointment of arbitrators, the
    procedure to be followed, the place and language
    of arbitration and several other procedural
    aspects. The legislative intent is to minimise
    judicial intervention and facilitate efficient
    resolution of disputes through arbitration.

    However, party autonomy under the Act is
    not absolute. It operates only in those areas
    where the statute expressly permits the parties
    to exercise their choice. Wherever the Act
    prescribes a mandatory statutory procedure, party
    autonomy necessarily gives way to the legislative
    mandate.

    Section 29A is one such provision. While
    Section 29A(3) permits the parties, by mutual
    consent, to extend the mandate of the arbitral
    tribunal for a further period of six months,
    Section 29A(4) mandates that any extension beyond
    that period can be granted only by the Court.
    Thus, the statute itself draws a clear
    distinction between the sphere reserved for party

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    autonomy and the sphere reserved for judicial
    supervision. Once the statutory period together
    with the consensual extension expires, the
    continuation of the arbitral tribunal ceases to
    be a matter of agreement between the parties and
    becomes subject exclusively to the jurisdiction
    of the Court.

                                             In        that        view        of       the        matter,              party
                           autonomy              cannot           be     stretched              to        permit            the
                           parties,              either           by    agreement              or       by       adopting
    

    institutional rules, to confer jurisdiction upon
    a Court which the statute does not recognise.
    Jurisdiction is conferred by law and not by
    consent. Once the expression “Court” occurring in
    Section 29A has been interpreted by the Apex
    Court with reference to Section 2(1)(e) of the
    Act, the parties cannot, by agreement, substitute
    another forum for the one contemplated by the
    statute.

    12.5 Thus, principle of party autonomy in the
    arbitration law, in my considered opinion, there
    cannot be any cavil with regard to the said
    proposition. Arbitration law and its object is to
    minimize the supervisory role of courts,
    providing speedy disposal of the dispute with
    amicable, swift and co-efficient settlement with

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    a formal award while ensuring that arbitration
    proceedings are just, fair and effective. While
    making arbitration proceedings speedy and
    effective, legislature has also added pinch of
    friendliness by extending certain flexibilities
    to the parties to the agreement/ arbitration. The
    parties to the arbitration are free to adopt the
    procedure. At the same time, such autonomy is not
    absolute in nature. The party autonomy operates
    in area where the statute is permissive, but at
    the same time, it is excluded where the
    provisions are mandatory such as court’s
    supervision under certain provisions of the Act.
    On overall consideration of the Arbitration Act,
    1996
    , party autonomy is permissive under Section
    7
    where party decides whether to arbitrate, scope
    of dispute, etc. Meaning thereby, parties are
    left open to have an agreement to submit to
    themselves to arbitration proceedings. So far as
    Sections 10 and 11 are concerned, parties are
    left to their autonomy to choose number of
    Arbitrators and procedure for appointment
    thereof. Section 19 of the Arbitration Act would
    allow the parties to have their own procedure
    precisely, parties can decide their own mode of
    recording of evidence, procedure for conducting
    the proceedings etc. In view of provisions of
    Section 20, parties are also left to decide seat

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    and venue of arbitration. Once the seat of
    arbitration is decided, applicability of curial
    law of court’s jurisdiction would be determined.
    Accordingly, once the place of arbitration is
    decided under Section 20 and if place of
    arbitration is situated in India, Indian law
    shall be applicable being a mandatory position.
    At this stage, it is required to be noted that in
    the present case, seat of arbitration is within
    the territory of India and thereby curial law of
    procedure shall be applicable. As per Section 22,
    parties are also free to agree upon the language
    to be used in arbitration proceedings. Likewise,
    Sections 29B and 31A are also reflects eminence
    to party autonomy. Now, if the provision of
    Section 29A is concerned, the same being
    statutorily mandated, although limited autonomy
    for extension of time of six months is granted to
    the party, but the moment the mandate is expired;
    Section 29A(4) becomes eminent and in that event,
    only court can grant further extension and not
    the party as per their claimed autonomy. When the
    party autonomy is restricted for extension of
    mandate, it is not digestible that a party can
    choose a court who can extend the mandate. Party
    autonomy does not give any leverage to any of the
    parties to the arbitration to have their own
    choice of court upon which, by way of agreement,

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    they can invest powers for extension of mandate
    de hors the provisions of Section 29A(4) of the
    Arbitration Act, 1996. Under the circumstances,
    party autonomy recognized under the provisions of
    the Arbitration Act, 1996 is not absolute in all
    the provisions, but limited to the area which is
    statutorily prescribed within the Act itself.

    12.6 The contention that the Arbitration
    Centre is entitled to provide, under its Rules,
    that the High Court alone shall supervise
    proceedings conducted under its aegis also cannot
    be accepted. An arbitral institution is
    undoubtedly competent to frame rules governing
    the conduct of proceedings before it and to
    regulate procedural matters for the convenience
    of the parties. Nevertheless, such rules cannot
    override or dilute the mandatory provisions of
    the Arbitration and Conciliation Act, 1996.
    Institutional rules supplement the statute; they
    cannot supplant it.

                                             Acceptance               of          the            petitioners'
                           contention                would,       in       effect,         permit                every
    

    arbitral institution to determine for itself the
    forum having jurisdiction under Section 29A,
    thereby defeating the uniform statutory framework
    enacted by Parliament. Such a consequence is
    plainly impermissible.

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    12.7 The submission that, once the parties
    have adopted the Rules, 2021, every provision
    thereof must necessarily be enforced also
    deserves to be rejected. Ordinarily, parties are
    bound by the procedural rules governing the
    arbitration they have chosen. However, such
    adherence is subject to one fundamental
    limitation, namely that the institutional rules
    must remain consistent with the provisions of the
    Act. To the extent any provision of the Rules is
    inconsistent with the Act, or with the law
    declared by the Apex Court while interpreting the
    Act, the statutory mandate must prevail.

    Accordingly, after the decision in
    Jagdeep Chowgule (supra), Rule 34.6 cannot be
    applied in a manner inconsistent with Section 29A
    read with Section 2(1)(e) of the Arbitration and
    Conciliation Act, 1996.

    13. So far as the authorities relied upon by
    the learned Senior Advocate for the petitioner
    are concerned, this Court is of the view that
    they turn on their own facts and the legal issues
    arising therein are materially different from
    those involved in the present case. The principal
    submission of the petitioner is that Rule 34.6 of
    the Arbitration Centre (Domestic and

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    International), High Court of Gujarat Rules,
    2021, being part of the curial law chosen by the
    parties, must continue to govern the issue of
    extension of the arbitral tribunal’s mandate.

    There can be no dispute with the
    proposition that parties are free to adopt the
    curial law governing the conduct of the arbitral
    proceedings. However, the issue that arises in
    the present case is altogether different. The
    question is whether a provision of the curial
    law, which has subsequently become inconsistent
    with the statutory scheme of the Arbitration and
    Conciliation Act, 1996
    as interpreted by the Apex
    Court, can still be enforced merely because it
    was adopted by the parties.

    None of the decisions relied upon by the
    learned Senior Advocate lays down that an
    institutional rule or curial provision, once
    adopted by the parties, would continue to prevail
    even if it becomes inconsistent with the
    provisions of the parent statute. In that view of
    the matter, the authorities relied upon by the
    petitioner are clearly distinguishable on facts
    as well as on the legal issue involved and,
    therefore, do not advance the petitioner’s case.

    14. In view of the foregoing discussion, the

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    preliminary objection raised on behalf of the
    respondents deserves to be accepted and is
    accordingly upheld.

    15. Consequently, in view of the law
    declared by the Apex Court in Jagdeep Chowgule v.
    Sheela Chowgule, reported in 2026 INSC 92, this
    Court lacks the jurisdiction to entertain the
    present petitions under Section 29A(4) of the
    Arbitration and Conciliation Act, 1996. The
    petitions are, therefore, dismissed as not
    maintainable, with liberty to the petitioners to
    approach the competent Court having jurisdiction
    under Section 29A(4) of the Act for appropriate
    relief.

    It is clarified that the period spent by
    the petitioners in bona fide prosecuting the
    present proceedings before this Court shall stand
    excluded while computing limitation, if any, in
    accordance with law.

    16. In view of the dismissal of Arbitration
    Petition No.145 of 2025, Civil Application No.1
    of 2025 filed therein for amendment does not
    survive for consideration and is accordingly
    disposed of as having become infructuous.

    17. In so far as Miscellaneous Civil

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    Application No.773 of 2026 seeking review is
    concerned, the same is founded upon the
    subsequent decision of the Apex Court in Jagdeep
    Chowgule (supra). The orders sought to be
    reviewed were admittedly passed prior to the
    pronouncement of the said decision.

    The Explanation to Order XLVII Rule 1 of
    the Code of Civil Procedure
    , 1908 expressly
    provides that a subsequent reversal or
    modification of the legal position by a superior
    Court in another case does not constitute a
    ground for review of a judgment rendered earlier.
    In view thereof, a subsequent declaration of law
    by the Apex Court cannot furnish a ground to
    review an order passed prior to such declaration.

    Accordingly, Miscellaneous Civil
    Application No.773 of 2026 is rejected. It is,
    however, clarified that all the rights and
    contentions of the respective parties are kept
    open to be urged before the competent Court, if
    so advised.

    18. Before parting, this Court considers it
    appropriate to direct the Registry to place a
    copy of this judgment before the appropriate
    Committee constituted for the Arbitration Centre
    (Domestic and International), High Court of

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    Gujarat, so that the Arbitration Centre (Domestic
    and International), High Court of Gujarat Rules,
    2021, particularly Rule 34.6, may be examined for
    suitable modification or amendment to bring the
    same in conformity with the law declared by the
    Apex Court in Jagdeep Chowgule v. Sheela Chowgule
    reported in 2026 INSC 92.

    (NIRAL R. MEHTA,J)

    FURTHER ORDER

    After pronouncement of the judgment,
    Learned Advocate Mr.Rutul Desai requested this
    Court to stay the judgment so as to enable them
    to approach the higher forum.

    In view of the discussion, request
    deserves no consideration. The same is rejected.

    (NIRAL R. MEHTA,J)
    ANUP

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