Xj Elevators India Pvt. Ltd. v. Wianxx Impex Pvt Ltd

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 296/2018 XJ ELEVATORS INDIA PVT. LTD.

..... Petitioner Through Ms. Shantala Sankrit, Adv.

versus WIANXX IMPEX PVT LTD ..... Respondent Through None

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 18.02.2019 1.

The report of the Registry is suggestive of the fact that the respondent has been served via its Directors through the Jail Superintendant. 2.

Ms. Sankrit, who appears for the petitioner, has drawn my attention to the order dated 4.5.2018 passed by the learned Arbitrator. 3.

A perusal of the said order, inter alia, brings to fore the fact that the Arbitrator was appointed by this Court vide order dated 26.10.2016. 3.1 Furthermore, the aforementioned order shows that the learned Arbitrator submitted his Declaration of Acceptance and Statement of Independence to the Delhi International Arbitration Centre ('DIAC') on 8.11.2016.

3.2 The respondent who was represented on the aforementioned date (i.e. 4.5.2018) before the learned Arbitrator agreed to the extension of time by a further period of six (6) months.

O.M.P.(MISC.)(COMM.) 296/2018

3.3 The period of six (6) months, apparently, came to an end on 7.5.2018. 4.

I am informed by the learned counsel for the petitioner that after 4.5.2018, the learned Arbitrator has not held any proceedings and, hence, the instant petition.

5.

The learned counsel for the petitioner says that the matter is at the stage of framing of issues.

6.

Accordingly, the time for concluding the arbitration proceedings and rendering the award is extended till 30.5.2019. 7.

The period between 7.5.2018 and today, i.e. 18.2.2019, shall stand regularised.

8.

Before recommencing the proceedings, the learned Arbitrator will issue notice to the respondent and counsel who appeared before him on 4.5.2018.

9.

The petition is disposed of in the aforesaid terms. RAJIV SHAKDHER, J FEBRUARY 18, 2019 rb O.M.P.(MISC.)(COMM.) 296/2018