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Bdr Builders And Developers Private ... vs Shri Mukesh Kumar Gupta (Since ... on 17 September, 2024

Author: Prateek Jalan

Bench: Prateek Jalan

                                          $~40
                                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                          +           O.M.P.(MISC.)(COMM.) 724/2024

                                                      BDR BUILDERS AND DEVELOPERS PRIVATE
                                                      LIMITED                                    .....Petitioner
                                                                   Through: Mr. Akhil Sachar, Advocate.

                                                                                         versus

                                                      SHRI MUKESH KUMAR GUPTA (SINCE DECEASED)
                                                      THROUGH LEGAL REPRESENTATIVES AND ORS
                                                                                               .....Respondent
                                                                   Through: Mr. Ranjit Singh Sahni, Advocate.

                                          CORAM:
                                          HON'BLE MR. JUSTICE PRATEEK JALAN

                                                                                         ORDER

% 17.09.2024

1. This is a petition filed under Section 29A of the Arbitration and Conciliation Act, 1996 for extension of the mandate of an Arbitral Tribunal, which is in seisin of disputes between the parties, arising under an Agreement to Sell dated 19.07.2014.

2. The arbitral proceedings first commenced on 03.05.2018, but a substitute arbitrator was appointed by this Court by order dated 11.11.2021 in O.M.P. (T)(COMM.) 96/2021. The mandate of the learned Arbitral Tribunal has been extended from time to time, lastly, vide order dated 02.05.2024 in O.M.P.(MISC.)(COMM.) 352/2024, for a period of four months.

3. I am informed that the award has been reserved.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2024 at 09:59:18

4. By order dated 13.09.2024, it was recorded that respondent Nos. 2, 5 and 6 do not have any objections to the extension of the mandate of the Arbitral Tribunal.

5. Mr. Ranjit Singh Sahni, learned counsel, appears today on behalf of respondent Nos. 1, 3 and 4, and states that they also consent to the extension of time, without admitting the contents of the petition.

6. With regard to the above, and with consent of learned counsel for the parties, the petition is allowed and the mandate of the learned Arbitral Tribunal is extended for a period of three months from 01.09.2024.

PRATEEK JALAN, J SEPTEMBER 17, 2024/MR/ O.M.P.(MISC.)(COMM.) 724/2024 Page 2 of 2 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/09/2024 at 09:59:18