M/S Global Buildwell v. Pushpa Jain

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 669/2023 M/S GLOBAL BUILDWELL ..... Petitioner Through:

Mr.Aniket Jain and Mr.Vidyut Kayarkar, Advocates versus PUSHPA JAIN ..... Respondent Through:

Mr. H.S.Sharma, Adv.

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R D E R

% 24.01.2024 I.A. 25489/2023 (delay) Present application has been filed for condonation of delay of 17 days in re-filing the present petition.

For the reasons mentioned in the application, the delay of 17 days in re-filing the petition is condoned.

The application stands disposed of.

O.M.P.(MISC.)(COMM.) 669/2023 Present petition has been filed under 29A of the Arbitration and Conciliation Act, 1996 seeking grant extension of further period of six months' time for completion of the arbitration proceedings bearing reference no. DIAC/2448/05-19 and to enable the Hon'ble Sole Arbitrator to pass an Award.

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 13/06/2024 at 12:18:53

The present matter was referred to the arbitration by the court on 30.04.2019. In the meanwhile the learned arbitrator was substituted. Thereafter, the limitation was extended by virtue of the order passed by the Supreme Court in Suo-Moto Petition no.3/2020 vide order dated 10.01.2022. The initial mandate expired on 01.03.2023 which was extended with the consent of the parties till 01.09.2023.

Learned counsel submits that in the meanwhile there was a question as to the stamp duty and therefore proceedings could not take place. It has been submitted that the delay cannot be attributed to the learned arbitrator. A request has been made for extension of mandate for six months till 30.06.2024.

Considering the aforesaid request and the no objection given by the other side, the present petition is allowed and the mandate of the Arbitral Tribunal is extended for a period of six months till 30.06.2024. The period from 01.09.2023 is also regularised.

The present petition is disposed of.

DINESH KUMAR SHARMA, J JANUARY 24, 2024 rb 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 13/06/2024 at 12:18:53