M/S Sharma Kalypso Pvt. Ltd v. M/S Engineers India Limited

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 67/2019 & I.A. No. 2504/2019 M/S SHARMA KALYPSO PVT. LTD ..... Petitioner Through:

Ms. Anusuya Salwan with Ms. Nikita Salwan, Advs versus M/S ENGINEERS INDIA LIMITED ..... Respondent Through:

Mr. Abhimanyu Garg, Adv

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 18.02.2019 I.A. No. 2503/2019 (Exemption) 1.

Allowed, subject to just exceptions.

O.M.P.(MISC.)(COMM.) 67/2019 & I.A. No. 2504/2019 2.

Issue notice.

3.

Mr. Abhimanyu Garg 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. 5.

Though, the list of dates are deficient, I am told by counsel for the parties that the Arbitral Tribunal which consists of three members entered upon reference in January, 2018.

6.

My attention has been drawn by counsel for the parties to the order of O.M.P.(MISC.)(COMM.) 67/2019

the Presiding Arbitrator dated 03.12.2018 which is indicative of the fact that the time according to the Arbitral Tribunal expired sometime in "January, 2019".

7.

Both counsels have been unable to furnish the date as to when exactly time expired in January, 2019.

8.

Since standing over the matter will only cause further delay and given the fact that parties have invested time and money in the arbitration proceedings, which, I am told, is at the stage of final arguments, I am inclined to extend the time till 30.06.2019.

8.1 It is ordered accordingly.

9.

The petition is disposed of in the aforesaid terms. RAJIV SHAKDHER, J FEBRUARY 18, 2019 c O.M.P.(MISC.)(COMM.) 67/2019