UE DEVELOPMENT INDIA PRIVATE LIMITED v. EMERALD INDUSTRIES

Delhi High Court · 16 Oct 2017 · 2017:DHC:6181
Sanjeev Sachdeva
OMP(MISC)(COMM) 35/2017
2017:DHC:6181
civil other

AI Summary

The Delhi High Court granted a three-month extension for the arbitrator to make the award under Section 29A(5) of the Arbitration & Conciliation Act, 1996, as the parties were diligently prosecuting the arbitration without delay.

Full Text
Translation output
OMP(MISC)(COMM) 35/2017
HIGH COURT OF DELHI
JUDGMENT
delivered on: 16.10.2017
O.M.P.(MISC.) (COMM.) 35/2017
UE DEVELOPMENT INDIA PRIVATE LIMITED...... Petitioner
versus
EMERALD INDUSTRIES …..Respondent
Advocates who appeared in this case:
For the Petitioner : Mr K.S.Ponnappa For the Respondent : Mr Dharmesh Misra and Mr Ritesh Sharma
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
16.10.2017 SANJEEV SACHDEVA, J. (ORAL)

1. This is a petition under Section 29A(5) of the Arbitration & Conciliation Act, 1996 seeking extension of time for making the Award.

2. The Arbitrator was appointed by mutual consent between the parties. The parties had, earlier, by mutual consent, extended the period by six months. The said period is expiring on 18.10.2017.

3. Learned counsels for the parties submit that the parties are 2017:DHC:6181 OMP(MISC)(COMM) 35/2017 diligently prosecuting the proceedings and that there is no delay attributable to the Arbitrator.

4. The order dated 28.09.2017 records that the arbitration is at the stage of final hearing where one of the parties has concluded his submissions.

5. The Arbitrator has opined that the three more months is required for making the Award.

6. In view of the above, the petition is allowed. The time for making the Award is extended for a further period of three months from 18.10.2017.

7. The Petition is disposed of in the above terms.

8. Order Dasti under signatures of the Court Master.

OCTOBER 16, 2017/‘Sn’ SANJEEV SACHDEVA, J