Kings Furnishing & Safecompany v. Central University of Jharkhand

Delhi High Court · 10 Oct 2019 · 2019:DHC:5143
Jyoti Singh, J.
O.M.P.(MISC.)(COMM.) 400/2019
2019:DHC:5143
civil appeal_allowed

AI Summary

The Delhi High Court granted a seven-month extension for completion of arbitral proceedings and passing of the award under Section 29A(4) of the Arbitration & Conciliation Act, 1996, on mutual consent and ongoing proceedings.

Full Text
Translation output
O.M.P.(MISC.)(COMM.) 400/2019
HIGH COURT OF DELHI
Date of Decision: 10.10.2019
O.M.P.(MISC.)(COMM.) 400/2019
KINGS FURNISHING& SAFECOMPANY ..... Petitioner
Through: Ms. Chandrika Gupta, Advocate
VERSUS
CENTRAL UNIVERSITY OF JHARKHAND ..... Respondent
Through: Mr. Manish Paliwal & Mr. Vikas Kumar, Advocates
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH JYOTI SINGH, J. (ORAL)
I.A No. 13982/2019 (Exemption)
Allowed, subject to all just exceptions.
The application stands disposed of.
O.M.P. (MISC.) (COMM.) 400/2019
JUDGMENT

1. Issue notice.

2. Mr. Manish Paliwal, Advocate enters appearance on behalf of respondent and accepts notice.

3. This is a petition under Section 29A(4) of the Arbitration & Conciliation Act, 1996, (‘the Act’) seeking extension of time for completion of the arbitral proceedings and passing of Award.

4. Disputes and differences having arisen between the parties, the Facilitation Council under the Micro, Small and Medium Enterprises 2019:DHC:5143 O.M.P.(MISC.)(COMM.) 400/2019 Development Act, 2006 referred the matter to Delhi International Arbitration Centre (‘DIAC’) for adjudication of the disputes by invoking its power under Section 18(3) of the said Act.

5. Vide letter dated 23.03.2018, Sole arbitrator was appointed by the DIAC. Arbitration Proceedings commenced on 24.04.2018.

6. Statutory period of 12 months expired on 22.03.2019. The Arbitrator extended the period by six months w.e.f. 23.03.2019, by mutual consent of the parties. The extended period expires on 22.09.2019.

7. Learned counsel for the petitioner submits that the proceedings are at the stage of evidence of the respondent.

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

9. For the reasons stated in the petition, the time for completion of proceedings and passing of the award is extended by seven months w.e.f. 23.09.2019.

10. The petition is allowed in the aforesaid terms.

JYOTI SINGH, J OCTOBER 10, 2019 Rd/