Devendra Kumar Gupta v. Union Of India

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (MISC.) 7/2019 DEVENDRA KUMAR GUPTA ..... Petitioner Through:

Petitioner in person.

versus UNION OF INDIA ..... Respondent Through:

Mr. Praveen Kumar Jain, Advocate

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 22.02.2019 1.

Issue notice.

2.

Mr. Praveen Kumar Jain accepts notice on behalf of the respondent.

3.

Learned counsel for the respondent says that he does not wish to file a reply.

4.

However, across the bar, learned counsel for the respondent says that several parcels of land were acquired by the respondent along with the subject land and that arbitration in those cases was being carried out by the District Magistrate, Haridwar. 5.

On being queried, counsel for the respondent emphasizes that the only reason that this petition is being resisted is because a person other than the District Magistrate has been called upon to adjudicate the disputes obtaining between the parties herein. 6.

The record shows that the Arbitrator was appointed by this Court vide order dated 08.12.2017, passed in OMP (T) 5/2017. 7.

The record also shows that the first hearing by the learned Arbitrator was held on 02.01.2018.

O.M.P. (MISC.) 7/2019

8.

It appears that the matter is positioned at the stage of completion of pleadings.

9.

It is obvious on perusing the assertions made in the petition that the statutory period of 12 months has expired. 10.

The petitioner, who, is the original claimant has approached this Court for extension of time since the respondent is resisting further extension of time.

11.

To my mind, the respondent's stand is untenable. 12.

The reason why I say so is as follows: It is not disputed that against the order dated 08.12.2017, a Special Leave Petition (SLP) was filed by the respondent which was dismissed on 10.12.2018, albeit, on account of delay.

13.

Given this circumstance, the order of appointment of the learned Arbitrator has clearly attained finality. 14.

There being no other objection raised on behalf of the respondent, I am of the view that time for concluding arbitration proceedings will have to be extended.

15.

Accordingly, as prayed, time for concluding arbitration proceedings is extended till 30.06.2019.

16.

Thus, the time which elapsed between 02.01.2019 and today shall stand regularised 17.

The petition is disposed of in the aforesaid terms. 18.

Dasti.

RAJIV SHAKDHER, J.

FEBRUARY 22, 2019/c O.M.P. (MISC.) 7/2019