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Mrs. Kamlesh Gulati & Ors vs Mr. Deepak Gulati & Anr on 1 September, 2022

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                          $~22
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    O.M.P.(MISC.)(COMM.) 125/2022
                               MRS. KAMLESH GULATI & ORS.                    ..... Petitioners
                                               Through: Mr. Aditya Trehan, Advocate via
                                                         video-conferencing   along       with
                                                         Mr.Aashish Arya, Advocate.
                                                          versus

                                 MR. DEEPAK GULATI & ANR.                 ..... Respondents
                                              Through: Mr. Vipin Singh, Advocate via video-
                                                         conferencing.
                                 CORAM:
                                 HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                              ORDER

% 01.09.2022 I.A. 12654/2022 (Exemption) Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. Application stands disposed of.

O.M.P.(MISC.)(COMM.) 125/2022 By way of the present petition under section 29-A(5) of the Arbitration & Conciliation Act 1996 , the petitioners seek extension of the mandate of the learned Sole Arbitrator appointed in the matter, which mandate expired on 17.07.2022.

2. Mr. Aditya Trehan, learned counsel appearing for the petitioners submits that claimant's evidence is about to conclude in the arbitral proceedings; but since the transactions in question are old, it will take some time to conclude the proceedings.

3. Counsel further points-out that apart from the consensual extension granted by the parties, the mandate of the learned Sole Arbitrator has never been extended earlier.

4. It is further pointed-out that, as recorded in Minutes of Arbitral Proceedings dated 12.07.2022, parties had apprised the learned Sole Arbitrator that they would apply to this court for seeking extension of the mandate.

5. Issue notice.

6. Mr. Vipin Singh, learned counsel appears for the respondents on advance copy; accepts notice; and does not oppose the extension of mandate sought.

7. For the record, the arbitration proceedings are being conducted under the aegis of the Delhi International Arbitration Centre.

8. Accordingly, the petition is allowed; and the mandate of the learned Sole Arbitrator is extended by 08 months from today, with a request to the learned Sole Arbitrator to conclude the proceedings within that time.

9. The petition stands disposed of.

10. Other pending applications, if any, also stands disposed of.

ANUP JAIRAM BHAMBHANI, J.

SEPTEMBER 1, 2022/uj Signature Not Verified Digitally Signed By:SUNITA RAWAT Signing Date:07.09.2022 O.M.P.(MISC.)(COMM.) 125/2022 Page 2 of 2 14:28:29