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High Court of DelhiO.M.P.(MISC.)(COMM.)/28/2019

Surinder Kumar & ANR. v. Kishan Lal Gulati (Deceased Through Lrs) & ANR.

2019-01-21Hon'Ble Mr. Justice Rajiv Shakdher2 pages

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 28/2019 SURINDER KUMAR & ANR.

..... Petitioners Through Mr. Amit Singh, Adv.

versus KISHAN LAL GULATI (DECEASED THROUGH LRS) & ANR. ..... Respondents Through Ms. Nandita, Adv.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 21.01.2019 I.A. 846-47/2019 1.

Allowed, subject to just exceptions.

O.M.P. (Misc.) (COMM) 28/2019 2.

Issue notice. Ms. Nandita, advocate, accepts notice on behalf of the respondents.

3.

Learned counsel says that she does not wish to file a reply as the prayer made in the petition for extension of time is not opposed. 4.

The record shows that the Arbitrator was appointed by this Court on 29.4.2016.

5.

The record also shows that the learned Arbitrator entered upon reference on 5.5.2016.

6.

Furthermore, the record also shows that a coordinate bench extended the time by a period of six (6) months vide order dated 19.7.2018. O.M.P.(MISC.)(COMM.) 28/2019

6.1 The period of six (6) months was to commence from that date. 7.

To be noted, there is nothing on record to show that the time was extended with the mutual consent of the parties after the statutory period of twelve (12) months have expired.

8.

Learned counsel for the parties inform me that the matter is at the stage of arguments.

9.

Learned counsel for the parties submit that the time be extended by a further period of three (3) months.

10.

Having regard to the time and money invested by the parties, I am inclined to accept the request. It is ordered accordingly. 11.

The time is extended by a period of three (3) months, commencing from 19.1.2019.

12.

The petition is disposed of in the aforesaid terms. RAJIV SHAKDHER, J JANUARY 21, 2019 rb O.M.P.(MISC.)(COMM.) 28/2019