D. D. Pradhan & Co. Pvt. Ltd. v. Umak Educational Trust

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (MISC.) 4/2019 D. D. PRADHAN & CO. PVT. LTD.

..... Petitioner Through:

Mr. Vikram Kumar with Mr.

Merajuddin Sheikh, Advs versus UMAK EDUCATIONAL TRUST ..... Respondent Through:

Mr. Deep Dhamija, Adv

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 08.02.2019 I.A. No. 1977/2019 (Exemption) 1.

Allowed, subject to just exceptions.

O.M.P. (MISC.) 4/2019 2.

Issue notice.

3.

Mr. Deep Dhamija accepts notice on behalf of the respondent. 4.

Learned counsel for the respondent says that he does not wish to file a reply as he does not oppose the prayer made in the petition for extension of time.

5.

The record shows that this Court vide order dated 16.10.2017 had appointed an Arbitrator in the matter.

6.

Since arbitration was to be conducted under the aegis of Delhi International Arbitration Centre (DIAC), the learned Arbitrator, I am told entered upon reference in November, 2017.

O.M.P. (MISC.) 4/2019

7.

The record further shows that the statutory period of 12 months came to an end in November, 2018.

8.

I am informed by counsel for the parties that the parties did not take recourse to the provisions of Arbitration and Conciliation Act, 1996 for mutual extension of time, even though one hearing was held after November, 2018.

9.

It appears that proceedings have reached the stage of evidence. 10.

In these circumstances, I am inclined to grant the prayer made in the petition in view of time and money invested by the parties. 11.

Accordingly, time for concluding arbitration proceedings is extended by a further period of 9 months commencing from November, 2018. 12.

The petition is disposed of in the aforesaid terms. RAJIV SHAKDHER, J FEBRUARY 08, 2019 c O.M.P. (MISC.) 4/2019