M/S AVON HEALTHCARE PRIVATE LIMITED v. M/S TRADE INTERNATIONAL THROUGH P.K HANDA SOLE PROPRIETORSHIP

Delhi High Court · 03 Mar 2020 · 2020:DHC:1514
Jyoti Singh
O.M.P.(MISC.)(COMM.) 24/2020
2020:DHC:1514
civil petition_allowed

AI Summary

The Delhi High Court extended the time for passing the arbitral award under Section 29A(5) of the Arbitration and Conciliation Act, 1996, regularizing the delay with parties' consent.

Full Text
Translation output
O.M.P.(MISC.)(COMM.) 24/2020
HIGH COURT OF DELHI
Date of Decision: 03.03.2020
O.M.P.(MISC.)(COMM.) 24/2020
M/S AVON HEALTHCARE PRIVATE LIMITED ..... Petitioner
Through Mr. Prashant Mehta, Advocate with Ms. Divita Vyas, Advocate
VERSUS
M/S TRADE INTERNATIONAL THROUGH P.K HANDA SOLE PROPRIETORSHIP ..... Respondent
Through Mr. Prince Kumar, Advocate
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH JYOTI SINGH, J. (ORAL)
JUDGMENT

1. Mr. Prince Kumar, Advocate enters appears on behalf of the respondent.

2. This is a petition under Section 29A(5) of the Arbitration and Conciliation Act, 1996.

3. Learned counsel appearing on behalf of the respondent submits, on instructions, that respondent has no objection to the time being extended.

4. The Arbitral Tribunal entered upon reference on 29.05.2018. The twelve months’ statutory period expired on 29.05.2019. Thereafter, the Tribunal extended the period by six months with mutual consent of the parties, which expired on 29.11.2019. The Tribunal held a hearing on 5.12.2019 in terms of Notification dated 30.08.2019, whereby Section 29A 2020:DHC:1514 O.M.P.(MISC.)(COMM.) 24/2020 has been amended. On the same day, the arguments on behalf of the parties had been concluded and the matter was renotifed on 20.01.2020 for clarifications, if any. However, the date of 20.01.2020 was cancelled by the Arbitrator.

5. Mr. Mehta submits that the Arbitrator has sent an e-mail on 15.02.2020 to the petitioner whereby he has informed that the Award is ready and only needs to be pronounced. Learned counsel for the parties, therefore, request that the period for passing the Award be extended by one month.

6. With the consent of the parties, the period for passing the Award is extended by one month with effect from 3.03.2020. Period between 30.11.2019 and 2.03.2020 is hereby regularized.

7. The petition is allowed in the above terms.