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Ayvens India Private Limited (formerly LeasePlan India Private Limited) vs. Ecogreen Envirotech Solutions Limited

Original Miscellaneous Petition (Miscellaneous, Commercial) · 2026:DHC:7758Decided 10 Sept 2026New Delhi Bench
O.M.P.(MISC.)(COMM.) 664/2026CNR: DLHC010391162026
Justice Sachin Datta

Background

An arbitration between the parties had been running since 2021 and had already received multiple time extensions from the Court, the most recent order stating "no further extension shall be granted." Before that deadline expired, the process stalled again because a key witness for one side became unavailable to complete cross-examination, leading to further procedural delays and disputes over new evidence.

Decision Breakdown

The Court examined the detailed timeline and found that the delay after the last extension was genuinely caused by the witness's unavailability and related procedural steps, not by any lack of diligence by the arbitrator, who had been actively managing the case. Despite the earlier "no further extension" language, the Court held that since the arbitration was at an advanced stage and both parties had invested significant time and money in it, it was in the interest of justice to allow one more extension rather than let the case collapse. The arbitrator's mandate was extended until 31 March 2027, with a direction to schedule hearings frequently.

Lesson Learnt

A prior court order saying "no further extensions" is not an absolute bar: if a fresh, genuine cause for delay arises afterward (such as a witness becoming unavailable), courts can still grant one more extension so that years of arbitration effort are not wasted.

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