MICROMAX INFORMATICS LIMITED v. SHIVI ENTERPRISES

1. Issue notice.

2. Learned counsel for the respondent enters appearance on advance copy and accepts notice.

3. Present petition has been filed under Section 29A(4) of the Arbitration and Conciliation Act, 1996 (‘Act’) seeking extension of time for completion of the arbitral proceedings and passing of the Award.

4. Disputes and differences having arisen between the parties, the 2019:DHC:6765 Arbitration Clause in the Contract Agreement was invoked.

5. Vide order dated 21st April, 2017, a Sole Arbitrator was appointed.

6. Learned Arbitrator so appointed expressed that he did not want to continue with the proceedings and the respondent thus filed an application under Section 11 of the Act for appointment on an Arbitrator. This Court vide order dated 01.11.2018 appointed the present Arbitrator and granted time for completion of proceedings till 22.5.2019 commencing from the original date of commencement of proceedings i.e. 21.5.2018.

7. Thereafter, this Court vide order dated 15th May, 2019 in O.M.P. (MISC.) (COMM.) 196/2019 had granted extension of time by a period of six months from 22nd May, 2019 which has expired on 22nd November, 2019.

8. Learned counsel for the petitioner submits that the matter is at the stage of final arguments and is nearing conclusion. He prays that the time be further extended for a period of six months.

9. Learned counsel for the respondent, on instructions, from the respondent submits that he has no objection to the time being extended.

10. With the consent of the parties, time for completion of the proceedings and passing of the award is extended by a period of six months from 23rd November, 2019.

11. The petition is allowed in the aforesaid terms.

JYOTI SINGH, J DECEMBER 09, 2019 yo/