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Delhi High Court - Orders

Rajesh Sharma vs Fiitjee Ltd on 13 March, 2024

Author: Neena Bansal Krishna

Bench: Neena Bansal Krishna

                                    $~42 & 43
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           O.M.P. (MISC.) 7/2024
                                                RAJESH SHARMA                                                                       ..... Petitioner
                                                                                      Through:                Mr. Vijay K Gupta and Mr. Mehul
                                                                                                              Gupta, Advocates
                                                                                      versus

                                                FIITJEE LTD.                                                                      ..... Respondent
                                                                                      Through:                Mr. Mohit Gupta, Ms. Aayushi Jain,
                                                                                                              Ms. Gunjan Negi and Ms. Rashi
                                                                                                              Aggarwal, Advocates
                                    +           O.M.P. (MISC.) 8/2024
                                                M/S FIITJEE LTD                                                                     ..... Petitioner
                                                                                      Through:                Mr. Mohit Gupta, Ms. Aayushi Jain,
                                                                                                              Ms. Gunjan Negi and Ms. Rashi
                                                                                                              Aggarwal, Advocates
                                                                                      versus

                                                RAJESH SHARMA                                                                     ..... Respondent
                                                                                      Through:                Mr. Vijay K Gupta and Mr. Mehul
                                                                                                              Gupta, Advocates
                                                CORAM:
                                                HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
                                                           ORDER

% 13.03.2024 I.A.5799 /2024 & I.A.5841(Exemption)

1. Allowed, subject to all just exceptions.

2. The applications are disposed of.

O.M.P. (MISC.) 7/2024 & O.M.P. (MISC.) 8/2024

3. Petition under Section 29(A)4 of the Arbitration and Conciliation Act, 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 16/03/2024 at 00:58:21 1996 has been filed on behalf of the petitioner.

4. Learned counsel appearing on behalf of the respondent has no objection if the application is allowed.

5. It is submitted that the learned Arbitrator entered reference on 21.10.2015. It has been pointed out by the learned counsel for the petitioner that this is the 4th extension which is sought by the parties. The mandate of the learned Arbitrator had expired on 05.02.2024. It is further submitted that the witness of the petitioner has been cross-examined 8 times till date by the respondent and it is submitted that the respondent be directed to expeditiously cross examine the witness of the petitioner.

6. Submissions heard.

7. Considering that 9 years have elapsed and the matter is still at the stage of the respondent's evidence, it is expected that the parties shall expeditiously complete their proceedings before the learned Arbitrator and would not seek any further extension.

8. The mandate of the learned Arbitrator is hereby extended by 6 months from the date it expired.

9. The petitions are hereby disposed of.

NEENA BANSAL KRISHNA, J MARCH 13, 2024/PT 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 16/03/2024 at 00:58:21