M/S Bright Hospitality Private Limited v. M/S Rajrani Hospitalities Private Limited

$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI + M/S BRIGHT HOSPITALITY PRIVATE LIMITED.....Petitioner Through:

Mr. Shaurya Sharma and Mr. Ankit Khurana, Advocates.

versus M/S RAJRANI HOSPITALITIES PRIVATE LIMITED .....Respondent Through:

Ms. Aakanksha Kaul, Mr. Aman Sahani and Ms. Ashima Chopra, Advocates.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 19.05.2025 I.A. 12340/2025 1.

This is an application filed on behalf of the Petitioner seeking condonation of 02 days in refiling the petition. 2.

Issue notice.

3.

Ms. Aakanksha Kaul, learned counsel accepts notice on behalf of the Respondent.

4.

For the reasons stated in the application, the same is allowed condoning the delay of 02 days in refiling the petition. 5.

Application stands disposed of.

6.

This petition is filed on behalf of the Petitioner under Section 29A (4) and (5) of the Arbitration and Conciliation Act, 1996 ('1996 Act') seeking The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

extension of the mandate of the learned Arbitrator. 7.

Disputes having arisen between the parties in relation to Franchise Agreement and Restaurant Operations Agreement, both dated 05.09.2017, a petition was filed by the Petitioner under Section 11(6) of 1996 Act being ARB. P. 927/2022 seeking appointment of a Sole Arbitrator, which was allowed on 19.12.2022 appointing the Arbitrator. It is stated that pleadings stand concluded and the arbitral proceedings are at the stage of pronouncement of interim award under Section 31 of the 1996 Act. Since mandate of the Arbitrator expired on 25.08.2024, this petition has been filed for extension.

8.

Issue notice.

9.

Ms. Aakanksha Kaul, learned counsel accepts notice on behalf of the Respondent and on instructions, submits that Respondent has no objection to the extension of mandate of the learned Arbitrator. It is further submitted that there were some issues with regard to payment of Arbitrator's fee and the same has been resolved and Respondent be given time upto mid-July to deposit Rs.88,000/- as Respondent's share of the fee, with a direction to the Arbitrator to proceed to decide the application under Section 31(6) of the 1996 Act for passing an interim arbitral award, without awaiting the payment of fee as this is unnecessarily prolonging the arbitral proceedings. Counsel for the Petitioner has no objection to either of the two submissions made on behalf of the Respondent.

10.

Accordingly, with the consent of the parties, mandate of the learned Arbitrator is extended by a period of nine months from 19.05.2025 and period between 26.08.2024 to 18.05.2025 is regularised. 11.

Respondent is permitted to deposit its share of the Arbitrator's fee on The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

or before 15.07.2025. It is however directed that the learned Arbitrator shall proceed to decide the application under Section 31(6) of the 1996 Act without waiting for payment of the fee, which the Respondent has undertaken to deposit by 15.07.2025.

12.

Petition is allowed and disposed of in the aforesaid terms JYOTI SINGH, J MAY 19, 2025/shivam The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.