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High Court of DelhiO.M.P.(MISC.)(COMM.)/61/2024

Eurasian Minerals And Enterprises Private Limited v. Nitya Niranjan Khampariya

2024-01-29Hon'Ble Ms. Justice Prathiba M. Singh2 pages

$~41 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 61/2024 & I.A. 2008/2024 EURASIAN MINERALS AND ENTERPRISES PRIVATE LIMITED ..... Petitioner Through:

Mr. Nitish Kant Sharma, Adv. (M.

9999098219) versus NITYA NIRANJAN KHAMPARIYA ..... Respondent Through:

Mr. Amit Shukla, Adv.

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 29.01.2024 1.

This hearing has been done through hybrid mode. I.A.2008/2024 (for exemption) 2.

This is an application filed by the Petitioner seeking exemption from filing originals/certified/cleared/typed copies of the dim documents. Original documents shall be produced if and when required, before the Court strictly adhering to the applicable Delhi High Court (Original Side) Rules, 2018. 3.

Exemption is allowed, subject to all just exceptions. Application is disposed of.

O.M.P.(MISC.)(COMM.) 61/2024 4.

The present joint petition has been filed by the Petitioner-Eurasian Minerals and Enterprises Pvt.

Ltd.

and Respondent-Nitya Niranjan Khampariya under Section 29A of the Arbitration and Conciliation Act, 1996 (hereinafter, 'the Act') seeking extension of the mandate of the ld. Arbitrator.

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 15/06/2024 at 11:54:14

5.

Vide order dated 13th July, 2021, this Court in Arb. No. 274/2020 titled 'Eurasian Minerals & Enterprises Pvt. Ltd. v. Nitya Niranjan Khampariya' appointed the ld. Sole Arbitrator to adjudicate disputes between the parties. The petition states that on 25th September, 2023, the ld. Sole Arbitrator passed an order acknowledging the upcoming expiry of the deadline for the passing of the Award, set for 30th September, 2023. Thus, the mandate of the ld. Sole Arbitrator expired on the said date. 6.

Today, ld. Counsel for the Parties submit that the arguments have concluded before the ld. Sole Arbitrator on 17th March, 2023 and the original partnership agreement was impounded on 20th September, 2023 due to inadequacy of the stamp duty. Hence, there is a delay in passing of the award.

7.

Accordingly, for the reasons stated in the petition, the mandate of the Arbitrator is extended till 31st March, 2024. 8.

The petition is disposed of. All pending applications are also disposed of.

PRATHIBA M. SINGH, J.

JANUARY 29, 2024/dk/dn 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 15/06/2024 at 11:54:14