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High Court of DelhiO.M.P.(MISC.)(COMM.)/12/2024

Mr Desh Deepak Khanna & ORS. v. M/S Lifestyle Buildcon Private Limited & ANR.

2024-01-09Hon'Ble Mr. Justice Prateek Jalan2 pages

$~25 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 12/2024 & I.A. 472/2024 MR DESH DEEPAK KHANNA & ORS.

..... Petitioners Through:

Mr. Sumit Kulkarni, Advocate.

versus M/S LIFESTYLE BUILDCON PRIVATE LIMITED & ANR.

..... Respondents Through:

Ms. Aanchal Basur, Advocate.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 09.01.2024 1.

This is a petition under Section 29A of the Arbitration and Conciliation Act, 1996 ["the Act"], for extension of the mandate of the learned Sole Arbitrator, who is in seisin of disputes between the parties under an agreement dated 31.08.2020.

2.

Ms. Aanchal Basur, learned counsel, appears on behalf of the respondents on advance notice. Her only objection to the relief sought in this petition is that the petition was filed after the mandate of the learned Tribunal had already lapsed on 24.09.2023. Although, she wishes this objection to be placed on record, she fairly submits that the question is concluded against her by the decision of this Court in judgment dated 16.05.2023 in O.M.P.(MISC.)(COMM.) 123/2023 [Wadia TechnoEngineering Services Limited v.

Director General of Married Accommodation Project & Anr.] and connected matters, and judgement dated 06.11.2023 in O.M.P.(MISC.)(COMM.) 466/2023 [ATC Telecom O.M.P.(MISC.)(COMM.) 12/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/05/2024 at 14:28:42

Infrastructure Private Limited v. Bharat Sanchar Nigam Limited] and connected matters. There is no other ground raised in opposition to the petition.

3.

I am informed that the arbitral proceedings are at the stage of final arguments and the arguments of the respondent are in progress. 4.

Having regard to these facts, the petition is allowed and the mandate of the learned Arbitral Tribunal is extended for a period of six months from today.

5.

The petition, alongwith pending application, is disposed of. PRATEEK JALAN, J JANUARY 9, 2024 SS/ O.M.P.(MISC.)(COMM.) 12/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/05/2024 at 14:28:42