Shailendra Paul v. Mukesh Aggarwal

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (MISC.) 9/2019 SHAILENDRA PAUL ..... Petitioner Through:

Mr. Dhruv Madan, Advocate.

versus MUKESH AGGARWAL ..... Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 20.03.2019 I.A. No. 4213/2019 (Exemption) 1.

Allowed, subject to just exceptions.

O.M.P. (MISC.) 9/2019 2.

This is a joint petition seeking extension of time for concluding arbitration proceedings.

3.

Quite strangely despite the captioned petition being a joint petition, , the respondent is not represented, though, the signatures of the counsel for the respondent are available on the petition. 4.

The petition is accompanied by the affidavit of the respondent as well as the petitioner.

5.

The record shows that an arbitrator was appointed by this Court on 21.12.2015. This order was passed in OMP (I) 642 of 2015. The learned Arbitrator entered upon reference on 16.02.2016. O.M.P. (MISC.) 9/2019

6.

Thereafter three extensions have been granted by this Court i.e. on 11.08.2017, 05.02.2018 and 30.08.2018.

7.

Learned counsel for the petitioner has placed before me a procedural order of the learned Arbitrator dated 23.03.2019. 8.

It appears that the arbitrator had fixed 23.03.2019 as the date of hearing. This date had to be cancelled on account of the fact that the counsel for the respondent had sought accommodation on the ground that he would be away for holi vacations on the date fixed for hearing. The learned Arbitrator, evidently, has fixed the next date of hearing as 02.04.2019. 9.

To my mind, parties need to close the proceedings quickly as this Court has already granted three extensions in the matter. 10.

In case counsel are not available on the next date of hearing, the learned Arbitrator will be free to pass any appropriate order, if any party is not represented on the next date of hearing.

11.

Given the fact that the proceedings are in the last stages, I am inclined to extend the time for rendering an award till 31.05.2019. 12.

Accordingly, the time spent between the date when the last extension expired and today shall stand regularised.

13.

The petition is disposed of in the aforesaid terms. 14.

The Registry is directed to dispatch a copy of the order passed today to the respondent as well as the learned Arbitrator. RAJIV SHAKDHER, J MARCH 20, 2019 c O.M.P. (MISC.) 9/2019