Naresh Kumar Bajaj & ORS. v. Bunge India Private Limited

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 225/2018 NARESH KUMAR BAJAJ & ORS.

..... Petitioners Through Mr.Sachin Datta, Sr. Adv. with Ms.Gayatri Verma Ms.Purnima Raj and Ms.Rijuta Mohanty, Advs.

versus BUNGE INDIA PRIVATE LIMITED ..... Respondent Through Mr.Saket Singh, Mr.Aslam Ahmed, Mr.Saurabh Bindal and Mr.Chaitanya Safaya, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 12.09.2018 I.A. No.12258/2018 (Exemption) Allowed, subject to all just exceptions.

O.M.P.(MISC.)(COMM.) 225/2018 This petition under Section 29A(4) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') has been filed by the petitioners seeking extension of time for making the Arbitral Award by the Arbitral Tribunal adjudicating the disputes that have arisen between the parties in relation to the Non-Compete and Non-Solicitation Agreement dated 10.02.2012.

Learned counsel for the respondent, who appears on advance notice, submits that without prejudice to the claim of the respondent that the arbitration proceeding is not maintainable, the respondent has no objection if

the time for making of the Award is extended. He further submits that the respondent has also filed an application under Section 16 of the Act which is pending adjudication before the Arbitral Tribunal. Keeping in view the contents of the petition and the submissions made by the learned counsel for the respondent, the time for making the Arbitral Award is extended by a further period of six months with effect from today. This would however, be without prejudice to the contentions of the respondent in its application under Section 16 of the Act pending before the Arbitral Tribunal.

The petition is allowed in the above terms with no order as to cost. Dasti.

NAVIN CHAWLA, J SEPTEMBER 12, 2018/Arya