M/S Century 21 Malls Private Limited v. Beyond Malls Llp

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 269/2025 M/S CENTURY 21 MALLS PRIVATE LIMITED .....Petitioner Through:

Mr. Manoj Munshi, Senior Advocate with Mr. Umang Mehta, Advocate.

versus BEYOND MALLS LLP .....Respondent Through:

Mr. Ashwin Rastogi, Advocate.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 25.03.2025 I.A. 7759/2025 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

O.M.P.(MISC.)(COMM.) 269/2025 3.

This petition is preferred on behalf of the Petitioner under Section 29A(4) and 29A(5) of the Arbitration and Conciliation Act, 1996 (1996 Act) seeking extension of time for completion of arbitral proceedings and passing of the award.

4.

Disputes having arisen between the parties, Petitioner approached this Court in Arb. Pet. No. 507/2020 for appointment of an Arbitrator, which was allowed on 23.10.2020 appointing former Chief Justice of this Court as a sole Arbitrator. Pleadings were completed by the parties on 13.02.2021. However, the learned Arbitrator recused from the proceedings pursuant to an application filed by the Respondent under Section 13(2) read with Section 12(3) of the 1996 Act on 28.06.2021. By order dated 04.09.2023, this Court O.M.P.(MISC.)(COMM.) 269/2025 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 29/03/2025 at 14:45:55

in O.M.P. (MISC) COMM No. 259/2023 extended the mandate of the Tribunal after appointing a former Judge of the Supreme Court as substitute Arbitrator with a direction to resume the proceedings from the stage at which the matter stood prior to withdrawal of the earlier Arbitrator and furnishing a declaration under Section 12 of the 1996 Act. 5.

It is stated by the Petitioner that mandate of the Tribunal was extended by order dated 15.09.2024 for a period of six months by mutual consent of the parties, which has expired on 15.03.2025. In this backdrop, present petition has been filed for extension of time for six months and it is urged that evidence is to commence as also that some interlocutory applications are pending consideration.

6.

Issue notice.

7.

Mr. Ashwin Rastogi, learned counsel accepts notice on behalf of the Respondent and submits that Respondent has no objection to the extension of time by six months.

8.

Matter is at the stage of evidence and this Court finds no impediment in extending the time for completion of the arbitral proceedings and passing of the award.

9.

Accordingly, with the consent of the parties, mandate of the Tribunal is extended by a period of six months from 16.03.2025. 10.

Petition stands disposed of in the aforesaid terms. JYOTI SINGH, J MARCH 25, 2025 B.S. Rohella/shivam O.M.P.(MISC.)(COMM.) 269/2025 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 29/03/2025 at 14:45:55