Delhi High Court - Orders
Nephrocare Health Services Pvt Ltd vs Nayati Healthcare And Research Pvt Ltd on 11 December, 2023
Author: Sachin Datta
Bench: Sachin Datta
$~44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (MISC.) 38/2023
NEPHROCARE HEALTH SERVICES PVT LTD ..... Petitioner
Through: Mr. Davinder N. Grover, Mr. Krishna
Kumar and Mr. Sachin Singh Sahai,
Advs.
versus
NAYATI HEALTHCARE AND RESEARCH PVT LTD
..... Respondent
Through: Mr. Sumant De and Mr. Rohit
Khurana, Advs.
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 11.12.2023 IA No.23059/2023 (Exemption from filing the certified copy and true typed/translation of dim Annexures) Allowed, subject to all just exceptions.
The application stands disposed of.
O.M.P. (MISC.) 38/2023
1. The present petition under Section 29A of the Arbitration and Conciliation Act, 1996, seeks extension of time for completion of arbitral proceedings and making of the arbitral award.
2. It is submitted by the learned counsel appearing for the petitioner that the arbitral proceedings are at an advanced stage, the recording of evidence is already over, and only final arguments remain to be addressed before the learned sole arbitrator.
3. Learned counsel appearing for the respondent draws attention of the 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 14/12/2023 at 22:21:17 Court to certain order(s) passed against the respondent in proceedings under Section 9 of the Insolvency and Bankruptcy Code, 2016. It is submitted that recently, vide order dated 17.10.2023 passed by the NCLAT, the petition under Section 9 of the Insolvency and Bankruptcy Code, 2016 against the respondent stands remanded to NCLT. However, he submits that he has no knowledge of any moratorium being in place under Section 14 of the Insolvency and Bankruptcy Code, 2016.
4. Subject to further order(s) that may be passed by the NCLT, he does not oppose the prayer sought in the present petition.
5. Accordingly, considering the averments made in the petition and submissions of the respective counsel, the present petition is allowed.
6. The time period for completion of arbitral proceedings and making of the arbitral award is extended till 31.07.2024.
7. The present petition stands allowed in the above terms.
SACHIN DATTA, J DECEMBER 11, 2023/r 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 14/12/2023 at 22:21:17