Splendor Landbase Limited vs Ambient Land Holding Limited
2019 Latest Caselaw 6307 Del

$~A-36
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                              Date of decision: 06.12.2019

+      O.M.P.(MISC.)(COMM.) 501/2019

       SPLENDOR LANDBASE LIMITED        ..... Petitioner
                   Through:  Mr.Pulkit Malhotra, Advocate.

                            Versus

       AMBIENT LAND HOLDING LIMITED       ..... Respondent
                    Through: Mr.Rajiv Bakshi, Advocate.

CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH

JYOTI SINGH, J. (ORAL)

I.A. No. 17175/2019 (Exemption).

Exemption allowed subject to all just exceptions. Application stands disposed of.

O.M.P.(MISC.)(COMM.) 501/2019

1. Issue notice.

2. Mr.Rajiv Bakshi, Advocate, enters appearance on behalf of the respondent and accepts notice.

3. Present petition has been filed under Section 29A(4) of the Arbitration and Conciliation Act, 1996 ('Act') seeking extension of time for completion of the arbitral proceedings and passing of the Award.

4. The respondent had filed a petition under Section 9 of the Act being O.M.P. (I) (COMM.) 441/2017. After hearing the parties this Court vide order dated 30.11.2017 appointed Mr. Justice Aftab Alam, Former Judge as a Sole Arbitrator to adjudicate the dispute between the parties. It appears that the order of appointment of the learned Arbitrator was not communicated within the required time and the learned Arbitrator learnt of the order only when the counsel for the petitioner intimated the same to him vide letter dated 30.05.2018.

5. The first procedural hearing was held on 04.08.2018 and the reasons for delay in commencement were recorded and timelines for conducting the Arbitration were also penned in the order. Since the Arbitral Tribunal entered reference only on 01.06.2018, the Statutory period of twelve months under Section 29A(4) of the Act expired on 31.05.2019.

6. Vide order dated 18.07.2019, time was extended by the Tribunal with mutual consent of the parties by a period of six months which has expired on 30.11.2019.

7. Learned counsel for the petitioner submits that the matter is at the stage of final arguments and prays that the time be further extended for a period of six months.

8. Mr.Rajiv Bakshi, Advocate, appearing on behalf of the respondent, on instructions from the respondent, submits that he has no objection to the time being extended.

9. With the consent of the parties, time for completion of the proceedings and passing of the award is extended by a period of 6 months.

10. The petition is allowed in the aforesaid terms.

JYOTI SINGH, J.

DECEMBER 06,2019 neelam/