Targus Technologies Pvt.Ltd v. Central Warehousing Corporation

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 228/2018 TARGUS TECHNOLOGIES PVT.LTD ..... Petitioner Through:

Mr.Roopansh Purohit and Mr.Harsh Panwar, Advs.

versus CENTRAL WAREHOUSING CORPORATION ..... Respondent Through:

Mr.K.K. Tyagi and Mr.Anoop Kumar, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 11.10.2018 This petition has been filed under Section 29A(5) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the „Act‟) seeking extension of time for making of the Arbitral Award by the Sole Arbitrator adjudicating the disputes that have arisen between the parties. Counsel for the respondent submits that the Arbitrator has not been conducting the proceedings expeditiously and therefore, should be substituted by this Court. On the other hand, the counsel for the petitioner submits that the delay has occurred because the respondent had refused to pay the fee fixed by the Arbitrator, however, the Arbitrator has now decided to proceed with the final hearing of the dispute. Keeping in view the contents of the petition and the submission made by the learned counsel for the petitioner, the time for making of the Award is extended by a further period of three months with effect from today.

All the contentions of the respondent against the arbitral proceedings shall remain open and shall not be influenced by the order passed today. The petition is allowed in the above terms with no order as to cost. Dasti.

NAVIN CHAWLA, J OCTOBER 11, 2018/Arya