Neeraj Kukreja v. Mohan Lal Kukreja & ORS.
$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 332/2025 NEERAJ KUKREJA .....Petitioner Through:
Mr. Shivek Trehan and Mr. Ishaan Kumar, Advocates.
versus MOHAN LAL KUKREJA & ORS.
.....Respondents Through:
Mr.
Siddhesh Kotwal and Mr.
Saharsh Saxena, Advocates for R-3.
Mr. Shivek Trehan and Mr. Ishaan Kumar, Advocates for R-4 to 7.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R
% 17.04.2025 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 06 months.
2.
Disputes having arisen between the parties in relation to affairs of a partnership firm, this Court in OMP(I)(COMM) 528/2017 with the consent of the parties appointed a Sole Arbitrator on 16.05.2019, who entered upon reference and thereafter pleadings stood completed on 06.11.2019. As the evidence was underway, parties consented to extend the period by six months by mutual consent as recorded in order dated 10.05.2022 by the Arbitral Tribunal. In O.M.P. (MISC.) (COMM.) No. 154/2023, this Court extended the mandate of the learned Arbitrator by six months w.e.f. 23.04.2023 vide order dated 19.05.2023 which was further extended till 23.04.2024 in a second petition being O.M.P. (MISC.) (COMM.) No. 539/2023 vide order 20.10.2023.
O.M.P.(MISC.)(COMM.) 332/2025 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
3.
It is averred in the petition that on 05.04.2024, the learned Arbitrator passed an Interim Award deciding Issue Nos. 1, 2, 4 and 5 and with respect to Issue Nos. 3 and 6, learned Arbitrator directed appointment of a Receiver for the partnership estate and effects as also for taking accounts and selling the assets of the partnership firm. Mandate of the learned Arbitrator was extended by this Court thereafter from time to time and lastly vide order dated 24.10.2024 upto 31.03.2025. This petition has been preferred for a further extension by six months as the exercise undertaken by the Chartered Accountant with respect to settlement of account is inconclusive as of today. 4.
Issue notice.
5.
Learned counsels, as above, accept notice on behalf of the respective Respondents and on instructions, submit that Respondents have no objection if the mandate of the learned Arbitrator is extended by a period of 04 months.
6.
Accordingly with the consent of the parties, mandate of the learned Arbitrator is extended by a period of 04 months from 17.04.2025 and period between 01.04.2025 to 16.04.2025 is regularised. 7.
Petition is disposed of in the aforesaid terms. JYOTI SINGH, J APRIL 17, 2025 S.Sharma/Shivam O.M.P.(MISC.)(COMM.) 332/2025 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