High Court of DelhiO.M.P.(MISC.)(COMM.)/688/2023

M K Malik & ANR. v. Siddharth Malik & ANR.

2024-01-10Hon'Ble Mr. Justice Anup Jairam Bhambhani2 pages

$~34 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 688/2023 M K MALIK & ANR.

..... Petitioners Through:

Mr.

Jitender Chaudhary and Ms.

Shilpa Chohan, Advocates.

versus SIDDHARTH MALIK & ANR.

..... Respondents Through:

Mr. Mayank Bhugani, Advocate.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 10.01.2024 By way of the present petition under section 29A of the Arbitration & Conciliation Act 1996, the petitioners seek extension of the mandate of the learned Sole Arbitrator by 01 year for completing the arbitral proceedings. Notice on this petition was issued on 27.12.2023. Reply dated 04.01.2024 has been filed on behalf of the respondents. Learned counsel for the respondents submits that they do not oppose the extension of the mandate of the learned Sole Arbitrator as prayed-for. However, counsel submits that certain allegations contained in the petition relating to the merits of the matter, are disputed and denied. The record shows that the learned Sole Arbitrator was appointed vide order dated 15.07.2019 and arbitral proceedings have been continuing ever since.

O.M.P.(MISC.)(COMM.) 688/2023 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 16/05/2024 at 12:20:25

The court is informed that the parties had granted a consensual extension of mandate to the learned Sole Arbitrator; and the last mandate expired on 01.08.2023.

Learned counsel for the parties also point-out that the proceedings in the matter got somewhat delayed by reason of the intervening COVID-19 pandemic. The matter is now stated to be at the stage of recording evidence, and is likely to be concluded soon.

In view of the above, the petition is allowed; thereby granting extension for the mandate to the learned Sole Arbitrator by 01 year from today, with a request to the learned arbitrator to endeavour to conclude the proceedings within that period. The gap in the mandate, and all proceedings conducted in the meantime, also stand validated and regularised. Petition stands disposed-of in the above terms. Pending applications, if any, also disposed-of. ANUP JAIRAM BHAMBHANI, J JANUARY 10, 2024 VR O.M.P.(MISC.)(COMM.) 688/2023 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 16/05/2024 at 12:20:25