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High Court of DelhiO.M.P.(MISC.)(COMM.)/392/2018

Deepak Kumar Bose v. Dipak Biswas & ORS.

2018-12-17Hon'Ble Mr. Justice Rajiv Shakdher2 pages

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 392/2018 DEEPAK KUMAR BOSE ..... Petitioner Through Mr. Sumant De, Adv.

versus DIPAK BISWAS & ORS.

..... Respondents Through Mr. K. R. Chawla, Adv.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 17.12.2018 I.A. 17311/2018 1.

Allowed, subject to just exceptions.

I.A. 17312/2018 2.

This is an application seeking condonation of delay in re-filing. 2.1 The period of delay is 9 days.

2.2 For the reasons given in the application, the delay is condoned. 3.

The application is disposed of.

O.M.P.(MISC.)(COMM.) 392/2018 4.

This is a joint petition seeking extension of time to conclude the arbitration proceedings.

5.

I am informed by counsel for the parties that a named Arbitrator had initially entered upon reference who, later on recused from the matter. Resultantly, this Court directed that the matter be referred to the Delhi International Arbitration Centre (for short 'DIAC') for appointment of an Arbitrator.

7.

I am further informed that the incumbent Arbitrator held his first O.M.P.(MISC.)(COMM.) 392/2018

hearing on 16.9.2016.

8.

It appears that the parties by mutual agreement extended the time for conclusion of the arbitration proceedings by a period of six (6) months. 8.1 The extended period of six (6) months, evidently, expired on 11.5.2018.

9.

Thereafter, the parties approached this Court and, via order dated 5.7.2018, passed in OMP(Misc.)(Comm.)143/2018, time was extended by another six (6) months.

10.1 This said period as also expired on 11.11.2018. 11.

I am informed that the matter is presently at the stage of final arguments.

12.

Having regard to the time and money invested by the parties, I am inclined to extend the period for concluding the arbitration proceedings by another three (3) months, commencing from 12.11.2018. 13.

The petition is disposed of in the aforesaid terms. 14.

The Registry will despatch a copy of the order to the Co-ordinator, DIAC.

RAJIV SHAKDHER, J DECEMBER 17, 2018 rb O.M.P.(MISC.)(COMM.) 392/2018