Ue Development India Private Limited v. Emerald Industries

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 16.10.2017 + O.M.P.(MISC.) (COMM.) 35/2017 UE DEVELOPMENT INDIA PRIVATE LIMITED...... Petitioner versus EMERALD INDUSTRIES .....Respondent Advocates who appeared in this case:

For the Petitioner : Mr K.S.Ponnappa For the Respondent : Mr Dharmesh Misra and Mr Ritesh Sharma CORAM:- HON'BLE MR JUSTICE SANJEEV SACHDEVA

JUDGMENT

16.10.2017 SANJEEV SACHDEVA, J. (ORAL) 1.

This is a petition under Section 29A(5) of the Arbitration & Conciliation Act, 1996 seeking extension of time for making the Award.

2.

The Arbitrator was appointed by mutual consent between the parties. The parties had, earlier, by mutual consent, extended the period by six months. The said period is expiring on 18.10.2017. 3.

Learned counsels for the parties submit that the parties are OMP(MISC)(COMM) 35/2017

diligently prosecuting the proceedings and that there is no delay attributable to the Arbitrator.

4.

The order dated 28.09.2017 records that the arbitration is at the stage of final hearing where one of the parties has concluded his submissions.

5.

The Arbitrator has opined that the three more months is required for making the Award.

6.

In view of the above, the petition is allowed. The time for making the Award is extended for a further period of three months from 18.10.2017.

7.

The Petition is disposed of in the above terms. 8.

Order Dasti under signatures of the Court Master. OCTOBER 16, 2017/'Sn'

SANJEEV SACHDEVA, J OMP(MISC)(COMM) 35/2017