Gagan Sehgal & ANR. v. Emaar Mgf Land Limited

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 166/2018 GAGAN SEHGAL & ANR.

..... Decree Holders Through Mr. Rakesh Khanna and Ms. Niharica Khanna, Advs.

versus EMAAR MGF LAND LIMITED ..... Judgement Debtor Through Mr. Ankit Mehta, Adv.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 24.07.2018 I.A. 9635/2018 1.

Allowed, subject to just exceptions.

O.M.P.(MISC.)(COMM.) 166/2018 2.

Issue notice. Mr. Mehta, who, appears on advance notice, accepts notice on behalf of the respondent/judgment debtor. 3.

Mr. Mehta says that while the respondent does not concur with the assertions made in the petition, he has instructions to convey to the Court that the respondent will have no objection, if this Court were to extend time for concluding the arbitration proceedings.

4.

Having noted the submissions of counsel for the respondent, I may indicate that for the purposes of disposing of this petition, I am not required to delve into the merits of the main dispute obtaining between the parties. 4.1 Therefore, apart from the dates and events set out in the petition, which, are necessary for disposing of the prayer made in the petition, nothing else is required to be looked at by me at this stage. O.M.P.(MISC.)(COMM.) 166/2018

5.

The record, as filed, shows that the Arbitrator entered upon a reference on 9.1.2017. Thus, the time given under the Arbitration and Conciliation Act, 1996 expired on 8.1.2018. Parties, it appears, agreed to the extension of time by six months. The said time frame expired on 8.6.2018.

6.

Counsel for the parties say that the arbitration proceedings are at the stage of arguments. Therefore, having regard to the aforesaid circumstances and the submissions advanced by counsel for the parties, I am inclined to extend the time for pronouncing and publication of award till 31.12.2018. 7.

The petition is disposed of in the aforesaid terms. RAJIV SHAKDHER, J JULY 24, 2018 rb O.M.P.(MISC.)(COMM.) 166/2018