Delhi High Court - Orders
Bausch And Lomb India Pvt Ltd vs Ask Promotions And Trading on 10 February, 2021
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~29
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(MISC.)(COMM.) 42/2021
BAUSCH AND LOMB INDIA PVT LTD ..... Petitioner
Through Ms Mukti Choudhary, Advocate.
versus
ASK PROMOTIONS AND TRADING ..... Respondent
Through Mr Vaibhav Niti, Ms Madhavi Agrawal,
Mr Prateek Gupta, Advocates.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 10.02.2021 [Hearing held through videoconferencing] IA 2023/2021
1. Allowed, subject to all just exceptions. O.M.P.(MISC.)(COMM.) 42/2021
2. This is a joint petition filed by the parties, inter alia, praying that the mandate of the arbitral tribunal be extended for a period of two years.
3. The learned sole arbitrator was appointed by this Court by an order 23.05.2019. It was further directed that the arbitration shall be conducted under the aegis of the Delhi International Arbitrator Centre (DIAC). The pleadings in the matter were completed on 24.02.2020. However, the arbitration proceedings could not proceed in view of disruption in the wake of the outbreak of Covid-19.
4. The parties, by mutual consent, extended the time for making the arbitral award by a period of six months. However, the said period of six months also expired on 02.12.2020.
5. Considering the mitigating circumstances and the consensus between the parties, this Court considers it apposite to allow the present petition. But there is no ground for extending the mandate of the arbitral tribunal for a period of two years as prayed.
6. This Court considers it apposite to extend the time for making the award for a further period of one year from date, that is, till 09.02.2022. The Arbitral Tribunal shall conclude the proceedings within the aforesaid period.
7. The petition is allowed in the aforesaid terms.
VIBHU BAKHRU, J FEBRUARY 10, 2021 pkv