M/S.Ambience Developers And Infrastructure Pvt.Ltd. v. Mis. Zenith Dance Institute Pvt. Ltd.

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 257/2025 M/S.AMBIENCE DEVELOPERS AND INFRASTRUCTURE PVT.LTD.

.....Petitioner Through:

Mr. Kittu Bajaj, Advocate.

versus MIS. ZENITH DANCE INSTITUTE PVT. LTD. .....Respondent Through:

Mr. Kamal Bansal and Ms. Monika Verma, Advocates.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 21.04.2025 1.

This petition is preferred on behalf of the Petitioner under Section 29A (4) and (5) of Arbitration and Conciliation Act, 1996 ('1996 Act') seeking extension of mandate of learned Arbitral Tribunal by a period of one year.

2.

Disputes having arisen between the parties with respect to Memorandum of Understanding dated 30.04.2018 whereby Petitioner allotted space on 6th floor, Shop No. 602 for Respondent's Dance studio for the period 05.05.2018 to 04.05.2021, Petitioner invoked arbitration in terms of Clause 8 of the MoU. Grievance of the Petitioner was that the premises were let out without license fee but the Respondent was liable to pay electricity, heating, air conditioning, common maintenance charges etc. and albeit the Respondent vacated the premises on 21.09.2022, it failed to discharge the obligation to pay the charges as agreed. By order dated O.M.P.(MISC.)(COMM.) 257/2025 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 01/07/2025 at 16:32:31

22.02.2023, this Court appointed a Sole Arbitrator and proceedings commenced.

3.

It is stated in the petition that after pleadings were completed, issues were framed on 12.12.2023 and thereafter, Petitioner filed its evidence on 12.03.2024 and cross-examination of its witnesses was concluded on 05.10.2024. The 18 months period expired on 12.09.2024 and by mutual consent, parties extended the mandate upto 12.03.2025. It is stated that Respondent has filed evidence affidavit and an application has been preferred for production of additional documents which is pending. By email dated 12.03.2025, learned Arbitrator has requested the parties to initiate steps for extension of the mandate and in this background, extension of the mandate of learned Arbitrator is sought.

4.

Learned counsel, as above, accepts notice on behalf of the Respondent and on instructions, submits that Respondent has no objection to the extension of the mandate of the learned Arbitrator. 5.

Accordingly, with the consent of the parties, mandate of the learned Arbitrator is extended by a period of 06 months from 21.04.2025 and period between 13.03.2025 to 20.04.2025 is regularised. 6.

Petition is disposed of in the aforesaid terms. JYOTI SINGH, J APRIL 21, 2025 S.Sharma/shivam O.M.P.(MISC.)(COMM.) 257/2025 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 01/07/2025 at 16:32:31