Mintellectuals Llp v. Lava International Limited

$~41 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 654/2024 MINTELLECTUALS LLP .....Petitioner Through:

Mr. Samrat Nigam and Ms. Arpita Rawat, Advocates.

versus LAVA INTERNATIONAL LIMITED .....Respondent Through:

Mr. Abhay Raj Varma and Mr.

Arjun Rekhi, Advocates.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 29.08.2024 I.A. 37651/2024 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

O.M.P.(MISC.)(COMM.) 654/2024 1.

The petitioner has filed this petition, under Section 29A of the Arbitration and Conciliation Act, 1996 ["the Act"], for extension of the mandate of an arbitral tribunal, which is in seisin of disputes between the parties under a Research and Collaboration Agreement dated 01.07.2017. 2.

Mr. Abhay Raj Varma, learned counsel appears on behalf of the respondent, on advance notice, and submits that the petitioner-claimant has been unnecessarily delaying the conclusion of the arbitral proceedings by filing several interlocutory applications, which take up the time of the arbitral tribunal, rather than proceeding with the final O.M.P.(MISC.)(COMM.) 654/2024 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 31/08/2024 at 11:37:23

adjudication of the disputes. He, therefore, seeks a direction upon the petitioner to cooperate for an expeditious disposal of the matter by the arbitral tribunal, and also seeks a direction that, while determining the question of interest and costs, the arbitral tribunal bear in mind the conduct of the parties during the arbitral proceedings. 3.

Mr. Samrat Nigam, learned counsel for the petitioner, disputes the submission that the petitioner has been delaying adjudication of the matter, but joins Mr. Varma's submission with regard to the expeditious disposal of the proceedings and on determination of interest and costs. 4.

In view of the aforesaid submissions, and with the consent of learned counsel for the parties, the petition is allowed and the mandate of the arbitral tribunal is extended by a period of six months from 01.09.2024.

5.

It is placed on record that learned counsel for the parties assure the Court that they will cooperate with the arbitral tribunal for an expeditious disposal of the proceedings, and will request the arbitral tribunal to bear in mind the conduct of the parties in the arbitral proceedings, while determining the claims for interest and costs. 6.

The petition is disposed of with these directions. PRATEEK JALAN, J AUGUST 29, 2024 SS/ O.M.P.(MISC.)(COMM.) 654/2024 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 31/08/2024 at 11:37:23