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M/S Fiitjee Ltd vs Rajesh Sharma on 21 October, 2021

Author: Vibhu Bakhru

Bench: Vibhu Bakhru

                         $~9
                         *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                         +     O.M.P. (MISC.) 4/2021
                               M/S FIITJEE LTD                              ..... Petitioner
                                                   Through:     Mr Mohit Gupta and Ms Aayushi
                                                                Jain, Advocates.

                                                   versus

                               RAJESH SHARMA                       ..... Respondent
                                              Through: Mr Vijay K. Gupta, Advocate.
                               CORAM:
                               HON'BLE MR. JUSTICE VIBHU BAKHRU
                                        ORDER

% 21.10.2021

1. The matter is taken up today as 18.10.2021 was declared a holiday.

2. The petitioner has filed the present petition under Section 29A of the Arbitration and Conciliation Act, 1996 (hereafter the 'A&C Act') praying that the mandate of the Arbitrator be extended for a reasonable period.

3. The learned Arbitrator was appointed on 28.10.2015 and had entered reference on 31.10.2015. The petitioner had filed its Statement of Claim on 24.02.2016. A considerable period of time has since elapsed; however, it does not appear that the arbitral proceedings are close to conclusion. The respondent has also preferred a counter claims, which were also referred to the learned Arbitral Tribunal in the year 2018.

4. The learned counsel for the parties state that the petitioner's evidence was concluded and the matter is at the stage of the respondent's evidence.

5. Mr Gupta, learned counsel appearing for the respondent states that the respondent is also in the process of filing an application seeking extension of time for making the award in respect of the counter claims.

6. It is apparent that there has been an inordinate delay in concluding the arbitral proceedings. However, considering that extensive hearings have been held before the Arbitral Tribunal, this Court considers it apposite to allow the present petition and extend the time for making the award with respect to the claims and counter claims by a further period of nine months from today. The Arbitral Tribunal shall ensure that the arbitral proceedings are completed within the aforesaid period.

7. The Arbitral Tribunal shall also consider whether a separate trial is necessary in respect of the counter claims.

8. The petition is allowed in the aforesaid terms.

VIBHU BAKHRU, J OCTOBER 21, 2021 RK Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:DUSHYANT RAWAL