Delhi Development Authority v. Upkar Singh Sawhney

$~23 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(MISC.)(COMM.) 73/2024 DELHI DEVELOPMENT AUTHORITY ..... Petitioner Through:

Mr. Anish Dhingra and Mr. Nakul Ahuja, Advocates.

versus UPKAR SINGH SAWHNEY ..... Respondent Through:

Mr. Siddharth Tripathy, Advocate.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 06.02.2024 I.A. 2821/2024 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

I.A. 2822/2024 (delay in re-filing) The application has been filed for condonation of delay of two days in re-filing.

For the reasons stated in the application and with the consent of learned counsel for the parties, the delay is condoned. The application stands disposed of.

O.M.P.(MISC.)(COMM.) 73/2024 1.

This petition, under Section 29A of the Arbitration and Conciliation Act, 1996 ["the Act"], has been filed for extension of the mandate of the learned Arbitral Tribunal, which is adjudicating the disputes between the parties pursuant to an order dated 06.04.2018 in O.M.P.(MISC.)(COMM.) 73/2024 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 13/12/2024 at 14:33:30

ARB. P. 152/2018. I am informed that the award was reserved on 17.01.2023 and the Tribunal's mandate has expired on 26.02.2023. 2.

Mr. Siddharth Tripathy, learned counsel, enters appearance on behalf of the respondent, and submits that the respondent has no objection to the relief sought.

3.

Although, the award was reserved as far back as on 17.01.2023, this petition has been filed only in December 2023. Having regard to the fact that the parties have concluded the proceedings and have no objection to the mandate of the Tribunal being extended for the purposes of pronouncement of the award, the petition is allowed and the mandate of the learned Arbitral Tribunal is extended by a period of six months from today.

4.

It is made clear that the learned Arbitral Tribunal is free to call for clarificatory/refresher hearing, if required, prior to pronouncing the award. Learned counsel for the parties assure the Court that they will cooperate with the learned Arbitrator and ensure that the proceedings will be disposed of at the earliest.

5.

The petition is disposed of.

PRATEEK JALAN, J FEBRUARY 6, 2024 SS/ O.M.P.(MISC.)(COMM.) 73/2024 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 13/12/2024 at 14:33:30