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High Court of DelhiO.M.P.(MISC.)(COMM.)/21/2019

Delhi State Consumers Cooperative Federation Ltd. v. Jindal Green Crop. International Pvt. Ltd.

2019-03-14Hon'Ble Mr. Justice Navin Chawla2 pages

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 21/2019 DELHI STATE CONSUMERS COOPERATIVE FEDERATION LTD.

..... Petitioner Through:

Ms.Anju Bhattacharya, Ms.N.

Chandra & Ms.Deepika Kumari, Advs.

versus JINDAL GREEN CROP. INTERNATIONAL PVT. LTD.

..... Respondent Through:

Mr.Vijay Kasana & Mr.Manu Padalia, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 14.03.2019 This petition under Section 29A of the Arbitration and Conciliation Act, 1996 has been filed by the petitioner seeking extension of time for the Sole Arbitrator to pass the Award.

The learned counsel for the respondent submits that the reply to the petition has been filed. As the same is not on record, a copy of the same has been taken from the counsel for the respondent. Counsel for the respondent, drawing my reference to the various proceedings of arbitration submits that there is a justified apprehension of bias against the Arbitrator.

In my opinion, this issue can only be taken up once the Award is challenged by the respondent if the same is against the respondent.

In view of the above, I extend the time for making of the Award by a further period of three months with effect from today. It is made clear that this shall not prejudice the respondent from challenging the impartiality of the Arbitrator in any subsequent proceeding in accordance with law. The petition is allowed in the above terms, with no order as to cost. NAVIN CHAWLA, J MARCH 14, 2019/rv