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Delhi High Court - Orders

M/S Fiitjee Ltd vs Rajesh Sharma on 5 December, 2022

Author: Navin Chawla

Bench: Navin Chawla

                    $~34
                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                    +    O.M.P. (MISC.) 19/2022
                         M/S FIITJEE LTD                            ..... Petitioner
                                          Through: Mr.Mohit Gupta, Ms.Meenakshi
                                                   Garg, Advs.

                                               versus

                             RAJESH SHARMA                              ..... Respondent
                                         Through:           Mr. Vijay K. Gupta & Mr. Mehul
                                                            Gupta, Advs.

                          CORAM:
                          HON'BLE MR. JUSTICE NAVIN CHAWLA
                                             ORDER

% 05.12.2022 I.A. 20321/2022 (exemption)

1. Allowed, subject to all just exceptions. O.M.P. (MISC.) 19/2022

2. This petition has been filed under Section 29A of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') seeking extension of time for the learned Sole Arbitrator to pass the Award.

3. Mr. Vijay K. Gupta, the learned counsel for the respondent, who appears on an advance notice, submits that while he has no objection to grant of extension of time for the learned Sole Arbitrator to pass the Award, certain directions be also passed for ensuring that there are no unnecessary adjournments granted to the parties and the Award is passed expeditiously.

4. Having perused the contents of the petition, I am inclined to accept the submission made by the learned counsel for the respondent.

5. The present arbitration proceedings were initiated on 28.10.2015 and more than 7 years have passed. Though, pursuant to the order dated Signature Not Verified Digitally Signed By:RENUKA NEGI Signing Date:07.12.2022 19:05:22 21.10.2021, the proceedings in the claim and the counter claim have been consolidated by the learned Sole Arbitrator, I am informed that presently, even the witness of the petitioner herein/claimant has not been fully cross examined.

6. The learned counsel for the petitioner submits that no further witness is to be examined by the petitioner.

7. In view of the above, the period for making of the Award by the Sole Arbitrator is extended by a further period of six months from today.

8. The Sole Arbitrator is requested not to grant any unwarranted adjournments to either of the parties and to make an endeavour to publish his Award prior to the expiry of the term.

9. The petition is allowed in the above terms.

NAVIN CHAWLA, J DECEMBER 5, 2022 RN Signature Not Verified Digitally Signed By:RENUKA NEGI Signing Date:07.12.2022 19:05:22