Aditya Birla Finance Limited v. Mothers Pride Educational Personna Private Limited And ORS.

$~48 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 697/2024 & I.A. 38874/2024 ADITYA BIRLA FINANCE LIMITED .....Petitioner Through:

Ms. Nikita Rathi, Mr. Debarshi Dutta, Ms. Manvi Adlakha, Advs.

versus MOTHERS PRIDE EDUCATIONAL PERSONNA PRIVATE LIMITED AND ORS ....Respondents Through:

Mr. Jai Mohan, Adv.

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR ORDER (ORAL) % 17.09.2024 1.

This is a petition under Section 29A(4) of the Arbitration and Conciliation Act 19961 for extension of the mandate of the learned Arbitral Tribunal presently in seisin of the disputes between the parties.

2.

Of the nine respondents, Respondent 4 has been proceeded exparte before the learned Arbitral Tribunal and has also not entered appearance before this Court.

3.

Respondents 1 to 3 and 6 to 9 are facing CIRP proceedings before the National Company Law Tribunal (NCLT). 4.

It is seen that, on 16 March 2023, the learned Arbitral Tribunal, taking into account all these facts, notes, in para 5, that the only 1 "the 1996 Act", hereinafter KUMAR 13:42:54 By:CHANDRASHEKHARAN HARI SHANKAR 13:42:11 O.M.P.(Misc.)(Comm.) 697/2024

surviving and contesting respondent is Respondent 5. 5.

Respondent 5 is represented today by Mr. Jai Mohan. 6.

While Mr. Jai Mohan does not have any objection to extension of the mandate of the learned Arbitral Tribunal, he does object to the assertions in this petition regarding delay. He submits that delay in the arbitral proceedings cannot be attributed to his clients. 7.

This Court is not entering into the said aspect. 8.

This order shall not be treated as an expression of opinion one way or the other on the assertions of facts contained in the present petition.

9.

The court is only inclined to extend the mandate of the learned Arbitral Tribunal so that the disputes could arrive at a quietus. 10.

Accordingly, the mandate of the learned Arbitral Tribunal shall stand extended by a period of one year from today. The mandate shall be treated as continuing from 31 August 2024 when it expired by efflux by time.

11.

The petition stands allowed in the aforesaid terms. C.HARI SHANKAR, J SEPTEMBER 17, 2024/dsn Click here to check corrigendum, if any KUMAR 13:42:54 By:CHANDRASHEKHARAN HARI SHANKAR 13:42:11 O.M.P.(Misc.)(Comm.) 697/2024