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High Court of DelhiO.M.P.(MISC.)(COMM.)/36/2017

Sanjay Kapoor v. Micromax Informatics Ltd.

2017-10-24Hon'Ble Mr. Justice Yogesh Khanna2 pages

$~O-22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 36/2017 SANJAY KAPOOR ..... Decree Holder Through : Mr.Lalit Bhasin, Mr.Sanjay Gutpa, Mr.Mudit Sharma and Mr.Ajay Pratap, Advs.

versus MICROMAX INFORMATICS LTD.

..... Judgement Debtor Through : Mr.Parvez Alam Khan, Adv.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 24.10.2017 Learned counsel for the Decree Holder has referred to an order dated 29th November, 2016 of the Presiding Arbitrator which runs as under:

"Learned counsel for the parties state that if it becomes necessary to seek extension of time to pronounce the award in the instant arbitral proceeding, they shall jointly take all necessary steps that are required to be taken for grant of extension of time by the Court. The Tribunal records the statement made before it jointly by learned counsel for the parties.

Having regard to the facts and circumstances, and in view of the submissions made before this Tribunal by

learned counsel for the parties, the instant proceeding is adjourned sine-die awaiting the conclusion of the arbitral proceeding and pronouncement of award by the sole arbitrator Justice Mukundakam Sharma, in the arbitral dispute pending before him In Arbitration Case No. 5 of 2016. Upon conclusion of the aforesaid proceeding the parties shall inform this Tribunal about the conclusion of the proceeding and if possible, produce a copy of the award rendered by the Arbitral Tribunal in that dispute. This Tribunal shall thereafter pass such directions as may be considered necessary, after hearing the parties."

Hence, the learned counsel for the Decree Holder submits that the time for completing the arbitration proceedings be extended by 12 months after the pronouncement of the award by the Sole Arbitrator in arbitration case No.5/2016. Learned counsel for the Judgment Debtor has no objection. Considering the order dated 29th November, 2016 passed in the presence of both the counsels, the time for conducting the arbitration proceedings stands extended by 12 months after the pronouncement of the award by the Sole Arbitrator in arbitration case No.5/2016. Petition is disposed of. YOGESH KHANNA, J OCTOBER 24, 2017 VLD