High Court of DelhiO.M.P.(MISC.)(COMM.)/37/2017

Gajinder Kumar Loond v. Anshul Rastogi & ORS.

2017-11-24Hon'Ble Mr. Justice Navin Chawla2 pages

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 37/2017 GAJINDER KUMAR LOOND ..... Petitioner Through: Mr.Muneesh Malhotra, Adv.

versus ANSHUL RASTOGI & ORS.

..... Respondents Through: Ms.Aakansha Kaul, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 24.11.2017 This petition under section 29 (A) of the Arbitration and Conciliation Act, 1996 has been filed by the petitioner seeking extension of time for making of an award by the Sole Arbitrator, who has entered reference for adjudication of disputes between the parties arising out of the lease deed dated 14th June, 2013. Ms.Aakansha Kaul, Advocate had entered appearance on behalf of the respondent nos.1 and 2 on 17th October, 2017. In the said order, it was further recorded that as respondent no.3 had been proceeded ex parte before the learned Arbitrator, there was no need to serve respondent no.3 in this petition. Today, Ms.Aakansha Kaul, Advocate submits that she has instructions only from respondent no.2 to appear in the matter and respondent no.1 has not given any further instructions to her.

Be that as it may, even respondent no.2 has not filed any reply to the petition.

Ms.Aakansha Kaul, Advocate submits that a new Arbitrator

may be appointed for adjudication of the disputes as the mandate of the earlier Arbitrator has terminated with the efflux of time in accordance with Section 29 (A) (1) of the Act. I have perused the averments made in the petition and find that the Arbitrator has acted with expedition in adjudicating the disputes that have arisen between the parties and I am informed that the proceedings are at the stage of final hearing as has also been recorded in the record of the proceedings dated 13th September, 2017 of the Arbitrator.

I accordingly extend the time for making of the award by six months from today while rejecting the prayer of Ms.Aakansha Kaul, Advocate for substituting the Arbitrator. The parties would appear before the Arbitrator on 2nd December, 2017 at 3.30 p.m. and the Arbitrator may take up the proceedings at the stage where they were before passing of the order of 13th September, 2017. The petition is allowed in the above terms.

Dasti under the signature of the Court Master. NAVIN CHAWLA, J NOVEMBER 24, 2017 RN