Comet Overseas Pvt. Ltd. v. Practical Properties Pvt. Ltd.
$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (MISC.) 4/2017 and IA Nos. 10354/2017 & 10359/2017 COMET OVERSEAS PVT. LTD.
..... Decree Holder Through:
Mr Jagdeep Anand with Ms Shakya Sen, Advocates.
versus PRACTICAL PROPERTIES PVT. LTD.
..... Judgement Debtor Through:
Mr Ashish Virmani and Ms Sukriti Gandhi, Advocates.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
O R D E R
% 24.04.2018 1.
The petitioner has filed the present petition under Section 29A of the Arbitration and Conciliation Act, 1996 (hereafter „the Act‟), inter alia, praying as under:- "a) This Hon‟ble Court may kindly extend the period/mandate of the Arbitral Tribunal comprising Shri Dinesh Kumar Seth, Advocate, Sole Arbitrator by 12 months in Claim Petition No. 6 of 2016 titled M/s. Comet Overseas Pvt. Ltd. Vs. M/s. Practical Properties Pvt. Ltd.);"
2.
The learned counsel appearing for the parties state that the decision in O.M.P. (MISC.) 3/2017 captioned "Olympic Oil Industries Ltd. v. Practical Properties Pvt. Ltd.", is also determinative of the controversy involved in the present petition.
3.
Thus, for the reasons stated in the order passed today in Olympic Oil
Industries Ltd. v. Practical Properties Pvt. Ltd.: O.M.P. (MISC.) 3/2017 the time for making the arbitral award is extended for a further period of nine months from today. This Court appoints Justice Rekha Sharma, (Mobile No. 9871300025) as the Sole Arbitrator in place of Sh. Dinesh Kumar Seth. This is subject to the Arbitrator making the necessary disclosure under Section 12 of the Act and not being ineligible under Section 12(5) of the Act. The Arbitrator shall continue the proceedings from the same stage as reached before Sh. Dinesh Kumar Seth and on the basis of the pleadings already filed.
4.
The parties are at liberty to approach the Arbitral Tribunal for further proceedings. The petitioner shall obtain the arbitral records from Sh. Dinesh Kumar Seth and ensure that the same is filed before the Arbitrator within a period of four weeks from today.
5.
The petition is disposed of. The applications also stands disposed of. VIBHU BAKHRU, J APRIL 24, 2018 RK