Naveen Saroha v. Airline Allied Services Limited

Delhi High Court · 09 Oct 2019 · 2019:DHC:5104
Jyoti Singh, J.
OMP (MISC) No.39/2019
2019:DHC:5104
civil petition_allowed

AI Summary

The Delhi High Court allowed the petitioner’s request to extend the time for completion of arbitral proceedings and passing of the award beyond the statutory period under Section 29A(4) of the Arbitration and Conciliation Act, 1996, on the basis of mutual consent and sufficient cause.

Full Text
Translation output
OMP (MISC) No.39/2019 HIGH COURT OF DELHI
Date of Decision: 09.10.2019
O.M.P. (MISC.) 39/2019, I.A. No. 13956/2019 (Exemption)
NAVEEN SAROHA ..... Petitioner
Through: Mr. Deepak Kohli, Mr. Mohd. Shariq, Mr. Neeraj Ansari, Advocates
VERSUS
AIRLINE ALLIED SERVICES LIMITED ..... Respondent
Through: Ms. Padma Priya and Ms. Aditi Sharma, Advocates
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH JYOTI SINGH, J. (ORAL)
I.A. No. 13956/2019 (Exemption)
Exemption allowed subject to all just exceptions.
Application stands disposed of.
O.M.P. (MISC.) 39/2019
JUDGMENT

1. Issue notice.

2. Ms. Padma Priya, Advocate enters appearance on behalf of the respondent and accepts notice of the petition.

3. The 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. Arbitral Tribunal entered reference on 21.07.2017. The 2019:DHC:5104 OMP (MISC) No.39/2019 statutory period of 12 months expired on 20.07.2018. By a mutual consent of the parties the time was extended by a period of 6 months, which expired on 19.01.2019.

5. Pleadings were completed on 09.04.2019. On 06.08.2018, an application under Order XVIII Rule 3 CPC seeking permission for rebuttal evidence was filed, which was disposed of by the Tribunal vide order dated 29.01.2019.

6. Learned counsel for the petitioner submits that the matter is at the stage of cross-examination of the last witness of the respondent.

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

8. For the reasons stated in the petition, the time for completion of proceedings and passing of the Award is extended and regularized from 20.01.2019 till date. Time is extended by a further period of 6 months from today.

9. The petition is allowed in the above terms.

JYOTI SINGH, J OCTOBER 09, 2019 pkb