← Library
High Court of DelhiO.M.P.(MISC.)(COMM.)/360/2024

M/S Eminent Food Stores India Private Limited v. M/S Tnsi Retail Private Ltd

2024-05-03Hon'Ble Ms. Justice Prathiba M. Singh2 pages

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 360/2024 M/S EMINENT FOOD STORES INDIA PRIVATE LIMITED ..... Petitioner Through:

Mr Abhishek Chandra Mishra, Adv.

(M: 987116549) versus M/S TNSI RETAIL PRIVATE LTD.

..... Respondent Through:

Ms Aadhya Shrotriya, and Mr Yashovardhan Suri, Advs.

(M:

9910629744)

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 03.05.2024 1.

This hearing has been done through hybrid mode. 2.

The present petition under Section 29A of the Arbitration and Conciliation Act, 1996 has been filed by the Petitioner -M/S Eminent Food Stores India Private Limited seeking extension of the mandate of the Arbitrator in the arbitral proceedings titled as "M/S Eminent Food Stores India Private Limited vs. M/S TSNI Retail Private Ltd." The arbitral proceedings are stated to have commenced on 3rd June, 2022 and the statement of claim is stated to have been filed on 30th June, 2022. Thereafter on 20th August, 2022, statement of defence along with statement of counterclaim is stated to have been filed by the Respondent and subsequently Rejoinder along with statement of defence to the counterclaim was filed by the Claimant. On 10th October, 2022, the pleadings in the arbitral proceedings were completed and on 9th December, 2022 the issues 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 06/05/2024 at 11:12:53

were framed. The arbitral proceedings are stated to be at the stage of final arguments. The mandate of the tribunal expired on 10th April, 2024. 3.

A perusal of the order of the Arbitrator dated 1st May, 2024 would show that though initially, the parties had agreed upon the arguments on the basis of documents. However, the parties now seek permission to lead evidence. Hence, it appears that the proceedings may now take some more time.

4.

Accordingly, the mandate of the ld. Arbitrator is extended for one more year.

5.

Petition is disposed of.

PRATHIBA M. SINGH, J.

MAY 3, 2024/dk/bh 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 06/05/2024 at 11:12:53