Mr. J.B. Kohli & ORS. v. Ramesh Kohli & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P. (MISC.) 9/2018 MR. J.B. KOHLI & ORS.

..... Petitioners Through:

Mr Gaurav Duggal, Mr Vineet Jhanji, Mr Abhimanyu Mahajan and Ms Anubha Goel, Advocates.

versus RAMESH KOHLI & ORS.

..... Respondents Through:

Mr Varun Kumar, Ms Deveshi Mishra, Ms Anjali Dwivedi and Ms Tanya Prasad, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 21.05.2018 IA No.7024/2018 1.

Allowed, subject to all just exceptions.

O.M.P. (MISC.) 9/2018 2.

The petitioner has filed the present petition under Section 29A of the Arbitration and Conciliation Act, 1996 (hereafter 'the Act'), inter alia, praying that the time for making the award be extended. 3.

Mr Duggal, learned counsel appearing for the petitioner requests that the time for making the award be extended for a further period of six months. The learned counsel appearing for respondent no.1 does not oppose the aforesaid request. He however, submits that the arbitration proceedings were commenced prior to the Arbitration and Conciliation (Amendment) Act, 2015 (hereafter 'the Amendment Act') coming into force. He states

that by virtue of Section 26 of the said Amendment Act, amendments would not be applicable to arbitration proceedings which had commenced prior to the Amendment Act coming into force.

4.

The above submission is merited and the provisions of Section 29A of the Act are not be applicable to arbitration proceedings that had commenced prior to 23.10.2015 - the date from which the Amendment Act came into force.

5.

In view of the above, no orders are required to be passed in this petition. However, given the legislative intent of enacting section 29A of the Act, the Arbitral Tribunal is requested to complete the proceedings as expeditiously as possible and preferably within a period of six months from today.

6.

The petition is disposed of.

VIBHU BAKHRU, J MAY 21, 2018 MK