Bms It Institute Pvt Ltd v. Premia Structures Pvt Ltd

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 54/2017 BMS IT INSTITUTE PVT LTD ..... Decree Holder Through : Ms. Renu Purohit, Advocate versus PREMIA STRUCTURES PVT LTD ..... Judgement Debtor Through : None

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 12.12.2017 Learned counsel for the petitioner submits that she has filed an affidavit of service on 08.12.2017 vide diary no. 31379/2017. However, the same is not on record probably, lying under objections. Learned counsel shall pursue with the Registry and get the same placed on record.

As per the affidavit, notice was sent to the respondent by speed post and as per the tracking report on 06.12.2017 delivery was attempted upon the respondent but it was unclaimed. It is pertinent to mention that respondent is not even appearing before the learned Arbitrator; and even in a separate petition under section 9 of the Act as filed by the petitioner against the respondent the substituted service has been ordered.

This petition is filed praying for an extension of the mandate of the Arbitration Tribunal to complete the arbitration proceedings. It is submitted the Arbitrator has entered into reference on 29.11.2016 but

the arbitration proceedings could not be completed within the statutory period of 12 months and hence extention is prayed under section 29-A of the Act.

In these circumstances, the time for completing arbitration proceedings before the learned Arbitration Tribunal is extended for 6 months w.e.f. 28.11.2017.

The petition stands disposed of.

YOGESH KHANNA, J DECEMBER 12, 2017 RS