Delhi High Court - Orders
Bdr Builders And Developers Private ... vs Shri Mukesh Kumar Gupta (Since ... on 17 April, 2023
Author: Prateek Jalan
Bench: Prateek Jalan
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(MISC.)(COMM.) 47/2023
BDR BUILDERS AND DEVELOPERS PRIVATE
LIMITED ..... Petitioner
Through: Mr. Akhil Sachar, Advocate.
versus
SHRI MUKESH KUMAR GUPTA (SINCE DECEASED)
THROUGH LEGAL REPRESENTATIVES ..... Respondent
Through: Mr. R.S. Sahni, Advocate for R-1,
3 and 4.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 17.04.2023
1. The petition has been taken up today as 14.04.2023 was declared as a holiday of the Court, pursuant to an Office Order bearing No. 1114/G-4/Genl.-I/DHC dated 12.04.2023.
2. By way of this petition under Section 29A of the Arbitration and Conciliation Act, 1996, the petitioner seeks extension of the mandate of a learned sole arbitrator who is adjudicating disputes between the parties under an Agreement to Sell dated 19.07.2014.
3. As recorded in the order dated 22.02.2023, learned counsel for respondent Nos. 1, 3 and 4 does not object to the relief sought.
4. By the said order, notice was issued to respondent Nos. 2, 5 and 6. The Office reports that the said respondents have been served by ordinary process. An affidavit of service dated 16.03.2023 has also been filed by Signature Not Verified Digitally Signed By:SHITU NAGPAL O.M.P.(MISC.)(COMM.) 47/2023 Page 1 of 2 Signing Date:18.04.2023 13:30:35 learned counsel for the petitioner which shows that the said three respondents have been served by Speed Post on 04.03.2023. However, despite service, they have not entered appearance to oppose the relief sought.
5. The arbitration proceedings commenced on 03.05.2018. The mandate of the learned arbitrator was however terminated on 11.11.2021 and a new arbitrator was appointed, who is in seisin of the disputes between the parties. The mandate of the learned arbitrator has been extended from time to time, lastly by order dated 16.09.2022 in O.M.P.(MISC.)(COMM) 128/2022. The said mandate has, however, expired on 21.02.2023.
6. I am informed that the arbitration proceedings are at the stage of final arguments. The arguments of the claimant have been heard and the arguments of respondent Nos. 1, 3 and 4 have also been substantially completed.
7. Having regard to these facts, the petition is allowed and the mandate of the learned arbitrator is extended for a period of six months from today i.e. 17.04.2023.
PRATEEK JALAN, J APRIL 17, 2023 "Bhupi" / Signature Not Verified Digitally Signed By:SHITU NAGPAL O.M.P.(MISC.)(COMM.) 47/2023 Page 2 of 2 Signing Date:18.04.2023 13:30:35