Delhi High Court - Orders
Spark Capital Advisors (India) Private ... vs Pristine Logistics And Infraprojects ... on 6 April, 2021
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(MISC.)(COMM.) 96/2021
SPARK CAPITAL ADVISORS (INDIA) PRIVATE LIMITED
..... Petitioner
Through: Mr. Gyanendra Kumar & Ms. Pallavi
Rao, Advocates.
versus
PRISTINE LOGISTICS AND INFRAPROJECTS PRIVATE
LIMITED ..... Respondent
Through: Appearance not given.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 06.04.2021 I.A. No. 4838/2021(for exemption)
1. Exemption allowed, subject to all just exceptions.
2. Application stands disposed of.
O.M.P.(MISC.)(COMM.) 96/2021
3. This is a joint petition on behalf of the parties under Section 29A (4) & (5) of the Arbitration and Conciliation Act, 1996, seeking further extension of the mandate of the Arbitral Tribunal to complete the arbitration proceedings and to pass the Arbitral Award. The counsels for the parties state that the matter is presently at the stage of recording of evidence and the Arbitral Tribunal cancelled the dates for recording of evidence fixed on 15th March, 2021, 16th March, 2021, and 17th March, 2021 and scheduled its next sitting on 22th April, 2021. The counsel further states that the extended Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:08.04.2021 16:59 mandate of the Arbitral Tribunal expired on 20th June, 2020.
4. The counsel further states that the evidence is required to be led for both the parties and therefore she seeks an extension of the mandate of the Arbitral Tribunal till 31st December, 2021. Besides, the Supreme Court vide order dated 8th March, 2021 in Suo Motu Writ (Civil) No. 3/2020 titled In Re: Cognizance for Extension of Limitation, has directed that in matters where the mandate of the tribunal expired after 15th March 2020, the time period from 15th March, 2020 till 14th March, 2021 shall stand excluded while computing the same under Section 29A of the Act.
5. In view of the said benefit, the abovementioned period stands excluded, and the balance period will begin to run from 15th March, 2021 and expire on 20th June, 2021. Further, in accordance with the request made by counsel for the parties, the mandate of the Arbitral Tribunal is extended till 31st December, 2021.
6. In terms of the above directions, the balance unexpired period, will begin to run from 15th March, 2021 and further the mandate is extended till 31st December, 2021.
7. With the above directions, the present petition is disposed of.
SANJEEV NARULA, J APRIL 6, 2021 as Signature Not Verified Digitally Signed By:SAPNA SETHI Signing Date:08.04.2021 16:59