High Court of DelhiO.M.P.(MISC.)(COMM.)/472/2019

Devarshi, Proprietor, M/S Sharans Associates v. Platinum Plaster Limited

2019-11-20Hon'Ble Mr. Justice V. Kameswar Rao2 pages

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 472/2019, I.As. 16161-16162/2019 DEVARSHI, PROPRIETOR, M/S SHARANS ASSOCIATES ..... Petitioner Through:

Mr. Ayush Choudhary and Mr.

Devanshu Yadav, Advs.

versus PLATINUM PLASTER LIMITED ..... Respondent Through:

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 20.11.2019 I.A. 16161/2019 (for exemption) Exemption allowed subject to all just exceptions. Application stands disposed of.

I.A. 16162/2019 (for delay) This is an application filed by the petitioner seeking condonation of 46 days delay in re-filing the present petition. For the reasons stated in the application, the delay of 46 days in refiling the present petition is condoned. Application stands disposed of.

O.M.P.(MISC.)(COMM.) 472/2019 The present petition has been filed by the petitioner under Section 29A of the Arbitration and Conciliation Act, 1996 for extension of time for the learned Arbitrator to complete the proceedings and render the award. It is noted from the petition that the respondent herein is ex-parte

before the sole Arbitrator. On May 11, 2019 final arguments were heard by the learned Sole Arbitrator who fixed the proceedings for June 09, 2019 for pronouncement of the award. On the said date, it appears that the proceedings could not take place and the matter got adjourned to July 01, 2019.

On July 01, 2019, it transpired that the stipulated time period of 12 months had expired. The petitioner filed a similar petition before the District Court, Tis Hazari, Delhi. The said petition was dismissed on the ground that the said Court has no jurisdiction as the Arbitrator was appointed by this court.

In view of the fact that the respondent has been proceeded ex-parte before the learned Sole Arbitrator, this Court extends the time for the learned Sole Arbitrator to complete the proceedings and render the award by a period of six months effective from July 01, 2019. The petition is disposed of.

V. KAMESWAR RAO, J NOVEMBER 20, 2019/aky