Tata Capital Limited v. Naveen Kachru & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 156/2024 and I.A. 4766/2024 TATA CAPITAL LIMITED ..... Petitioner Through:

Mr.

Savyasachi Sahai and Mr.

Vishwajeet Singh Shekhawat, Advs.

(M:8209199855) versus NAVEEN KACHRU & ORS.

..... Respondents Through:

None.

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 29.02.2024 1.

This hearing has been done through hybrid mode. I.A. 4766/2024 (for exemption) 2.

This is an application seeking exemption from filing original/certified/legible copies of the annexures. Original documents shall be produced/filed, if sought, strictly as per the provisions of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015) and the Delhi High Court (Original Side) Rules, 2018. 3.

Exemption is allowed, subject to all just exceptions. 4.

Accordingly, the application is disposed of.

O.M.P.(MISC.)(COMM.) 156/2024 5.

None appears for the Respondents.

6.

This is a petition filed by TATA Capital Ltd. seeking extension of the mandate of the ld. Arbitrator under Section 29(A) of the Arbitration and Conciliation Act, 1996. It is submitted by ld. Counsel for the Petitioner that the arbitration is pending between TATA Capital Financial Services Ltd. (TCFSL) and Naveen Kachru & Ors. However, the said TCFSL has been O.M.P.(MISC.)(COMM.) 156/2024 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 06/03/2024 at 11:29:24

merged with TATA Capital Ltd. by the scheme of amalgamation which was sanctioned vide order dated 24th November, 2023 passed by the NCLT, Mumbai Bench. He submits that in the arbitral proceedings, only the award is to be passed. The final hearing has already taken place. He thus submits that if the mandate is extended, he would seek substitution of TATA Capital Ltd. and the award would then be rendered by the ld. Arbitrator. 7.

The Court has perused the email of the ld. Arbitrator dated 7th February, 2024 wherein the ld. Arbitrator has clearly mentioned that the extension of six months was agreed initially till 31st August, 2023 and there is a need for extension of the mandate accordingly, for passing of the award. 8.

The mandate of the ld. Arbitrator is accordingly extended by a period of three months.

9.

Advance copy of this petition has been served upon the Respondents. However, there is no appearance on behalf of Respondents. 10.

Let today's order be also communicated by the Registry to Ms. Tanisha Kaushal, Advocate at email- tanishakaushal08@gmail.com who is the lawyer for the Respondents in the arbitral proceedings. 11.

Petition is disposed of in these terms. All pending applications, if any, is also disposed of.

PRATHIBA M. SINGH, J.

FEBRUARY 29, 2024 Rahul/bh O.M.P.(MISC.)(COMM.) 156/2024 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 06/03/2024 at 11:29:24