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M/S Angad Estates Pvt Ltd vs M/S Jmd Promoters Ltd on 5 August, 2020

Author: C. Hari Shankar

Bench: C. Hari Shankar

                            $~6(original side)
                            *       IN THE HIGH COURT OF DELHI AT NEW DELHI
                            +       I.A. 5888/2020 in ARB.P. 554/2014
                                    M/S ANGAD ESTATES PVT LTD            ..... Petitioner
                                                 Through: Mr. Rishi Bhatnagar, Adv.

                                                       versus


                                    M/S JMD PROMOTERS LTD               ..... Respondent
                                                 Through: Mr.Sumit     Gahlawat      and
                                                          Mr.T.S. Thkraon, Advs.

                                    CORAM:
                                    HON'BLE MR. JUSTICE C. HARI SHANKAR

                                                       ORDER

                                    %                  05.08.2020
                                                 (Video-Conferencing)

I.A. 5888/2020 (for exemption of fee of arbitrator during lockdown) in ARB.P. 554/2014

1. This application, at the instance of the respondent in the present Arbitration Petition, seeks a direction, to the learned Sole Arbitrator, not to charge fees for the hearings conducted after 24 th February, 2020.

2. During the course of hearing, to a query by the Court, Mr. Sumit Gahlawat, the applicant in this case, and the respondent in the petition, acknowledges that, for the hearing conducted on 24 th February, 2020, the fees payable to the learned Sole Arbitrator are outstanding even as on date.

3. This fact has not been reflected in the petition.

4. To my mind, this amounts to suppression of fact and can justify dismissal of this petition, outright.

5. However, taking a lenient view in this regard, I refrain from dismissing this application, inter alia for the reason that the petitioner also supports the prayer of the applicant. Nevertheless, I do not deem it appropriate to consider the prayer in this application till such time as the fees payable to the learned Sole Arbitrator for all hearings up till and including 24th February, 2020, are liquidated.

6. Accordingly, renotify on 31st August, 2020.

7. The applicant is directed, in the meanwhile, to pay all the arbitral fees and expenses, payable to the learned Sole Arbitrator for the hearings conducted, until and including 24th February, 2020, and to file an affidavit of compliance in that regard, enclosing proof of compliance.

8. If the needful is not done by the next date of hearing, it is made clear that this application would be dismissed.

C. HARI SHANKAR, J AUGUST 05, 2020/kr Signature Not Verified ARB. P. 554/2014 Page 2 of 2 Digitally Signed By:SUNIL SINGH NEGI Signing Date:07.08.2020 09:58:01