Narrowcasters India Pvt.Ltd v. Mysore Palace Board

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + NARROWCASTERS INDIA PVT.LTD ..... Petitioner Through:

Mr. Punit Dutt Tyagi with Ms. Mitali Daryani, Advs versus MYSORE PALACE BOARD ..... Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 04.02.2019 1.

This is a petition filed for extension of time. 2.

The petitioner has made prayer to the effect that time for concluding arbitration proceedings be extended by a period of 6 months with effect from 28.11.2018.

3.

Notice in this petition was issued on 21.12.2018, when Mr. Chana Badri Nath Babu, Advocate had entered appearance on behalf of the respondent.

4.

On that date, Mr. Babu sought and was granted three weeks to file a reply to the captioned petition.

5.

Today, there is no appearance on behalf of the respondent. 6.

The Registry has noted that reply filed on behalf of the respondent was returned with objections.

7.

Mr. Punit Dutt Tyagi, who, appears on behalf of the petitioner, on being queried, says that he has been served with the copy of reply filed on behalf of the respondent.

8.

Furthermore, learned counsel for the petitioner has placed before me the copy of the reply received by him. 9.

A perusal of the reply shows that the respondent, broadly, seeks to oppose the extension of time on the ground that original arbitration agreement was a fabricated and forged document, and that, in any event it was not adequately stamped.

9.1 However, what is not disputed in the reply is that this Court vide order dated 18.05.2017 had appointed an Arbitrator and that the proceedings had reached the stage of final arguments. 10.

I am also informed by counsel for the petitioner that in the interregnum, the deficit stamp duty has been paid. 11.

To my mind, the assertions made in the reply are more on the merits of the matter and less with respect to why, at this juncture, time ought not be extended for concluding arbitration proceedings. 12.

Given this background, I am inclined to extend time for concluding arbitration proceedings and to render an award in the matter.

13.

Consequently, time for this purpose is extended till 31.05.2019, commencing from 28.11.2018.

14.

The petition is disposed of in the aforesaid terms. 15.

For the purpose of good order and record, a copy of reply placed before me will be scanned and uploaded by the Registry.

16.

The Registry will also dispatch a copy of order passed, today, to the respondent as well as its counsel.

17.

Dasti.

RAJIV SHAKDHER, J.

FEBRUARY 04, 2019 c/VKR