Jagdeep Chowgule v. Sheela Chowgule & Ors.

 Background

Disputes arising from a family settlement were referred to arbitration. Upon delay in making the award, an application for extension under s. 29A Arbitration and Conciliation Act, 1996was moved before the Commercial Court. Meanwhile, owing to resignation of the presiding arbitrator, a fresh appointment was made by the High Court under s. 11. The High Court thereafter held that only it had jurisdiction to extend time under s. 29A, setting aside the Commercial Court’s order.

 

Issues Framed

1. Whether an application under s. 29A(4) lies before the High Court merely because the arbitral tribunal was appointed under s. 11.
2. Whether “Court” in s. 29A bears the meaning assigned in s. 2(1)(e) or requires contextual departure.
 

Court’s Reasoning

• Textual primacy of s. 2(1)(e): The Court reaffirmed that the definition of “Court” in s. 2(1)(e) is exhaustive and governs Part I of the Act unless the context compels otherwise. No such contextual necessity exists in s. 29A.
• Nature of s. 11 jurisdiction: Jurisdiction under s. 11 is special and limited to constitution of the tribunal. Once appointment is made, the appointing court becomes functusofficio and retains no supervisory control over arbitral proceedings.
• No hierarchy-based interpretation: Concerns about “inferior courts” substituting arbitrators appointed by High Courts are legally irrelevant; jurisdiction flows from statute, not institutional hierarchy.
• Scheme of the Act: s. 29A falls in Chapters V–VI (conduct and termination), distinct from s. 11 (constitution). Extension, substitution, or continuation of mandate under s. 29A is a curial function vested in the court defined under s. 2(1)(e).
• Section 42 inapplicable: Filing of an application under s. 11does not attract s. 42, as the Chief Justice or designate acting under s. 11 is not a “Court” under s. 2(1)(e).
 

Decision 

• Appeals allowed.
• Orders of the Division Bench and Single Judge of the High Court set aside.
• Order of the Commercial Court extending time under s. 29Arestored.
• Parties permitted to seek further extension before the Commercial Court.
• No order as to costs. 
 

Ratio

For purposes of extension of time, substitution, or continuation of mandate under s. 29A Arbitration and Conciliation Act, 1996, the competent forum is the “Court” as defined in s. 2(1)(e), irrespective of whether the arbitral tribunal was appointed by the High Court or Supreme Court under S.11.

Case Details

• Citation: 2026 INSC 92
• Decided on: 29 January 2026
• Case Title: Jagdeep Chowgule v. Sheela Chowgule & Ors.
• Court: Supreme Court of India
• Bench: Pamidighantam Sri Narasimha J.; R. Mahadevan J.

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