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High Court of DelhiO.M.P. (MISC.)/1/2024

Parivar Seva Sanstha v. Ministry Of Health And Welfare Family, Goi And ORS.

2024-02-20Hon'Ble Mr. Justice Jasmeet Singh2 pages

$~17 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P. (MISC.) 1/2024 PARIVAR SEVA SANSTHA ..... Petitioner Through:

versus MINISTRY OF HEALTH AND WELFARE FAMILY, GOI AND ORS.

..... Respondents Through:

Mr. Vivek Goyal, Mr. Gokul Sharma, Mr. Shivam Singh, Advs.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 20.02.2024 1.

This is a petition under Section 29A of the Arbitration and Conciliation Act, 1996 seeking extension of time by a further period of 12 months for making the Arbitral Award.

2.

Notice was issued and the respondents have filed a reply. Paragraph 3 of the preliminary objections reads as under: "3. That DIAC vide dated 13.10.2023 again appointed Mr. D.S. Paweriya, Retd. ADJ as sole Arbitrator in place of earlier arbitrator. Furthermore, as per the direction of the Ld. Arbitrator the date of hearing has been fixed for 06.11.2023. On the first date of proceeding the Ld. Arbitrator observed that the 12 months time has been lapsed since the first arbitration sitting, as such put the matter before authority for extension of time. Hence there is again almost two months delay in approach this Hon'ble Court for extension of time." 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 23/02/2024 at 10:54:26

3.

A perusal of the same shows that on 13.10.2023, DIAC appointed a substitute arbitrator.

4.

On 06.11.2023, the learned arbitrator observed that 12 months has since elapsed since the first arbitration proceedings. Immediately thereafter, the petitioner on 09.12.2023 approached this Court. 5.

For the said reason, I am of the view that the prayer of the petitioner is well within time and in accordance with law.

6.

The time for concluding arbitration proceedings and making and publishing the Arbitral Award is extended by a period of 12 months from today.

7.

The petition is allowed and disposed of.

JASMEET SINGH, J FEBRUARY 20, 2024/DM Click here to check corrigendum, if any 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 23/02/2024 at 10:54:26