Choice Hotels Licensing B.V vs Shravanthi Shelters
2019 Latest Caselaw 6417 Del

$~A-22
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                          Date of decision: 10th Decemeber, 2019
+      O.M.P.(MISC.)(COMM.) 407/2019
       CHOICE HOTELS LICENSING B.V                         ..... Petitioner
                            Through    Mr. Manish Srivastava and Ms.
                                       Shivangi Krishna, Advocates.
                            versus
       SHRAVANTHI SHELTERS                                 ..... Respondent
                            Through    Mr. Sanjay Gupta, Advocate.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH

JYOTI SINGH, J. (ORAL)

O.M.P.(MISC.)(COMM.) 407/2019

1. Issue notice.

2. Learned counsel for the respondent enters appearance and accepts notice.

3. Present petition has been filed under Section 29A(5) of the Arbitration and Conciliation Act, 1996 ('Act') seeking extension of time for completion of the arbitral proceedings and passing of the Award.

4. Learned counsel for the respondent submits that he has two preliminary Objections to the petitions, namely, (a) that there are certain allegations made against the respondent that he is responsible for delaying the proceedings and (b) that it is the petitioner who has been actually delaying the proceedings.

5. Learned counsel for the petitioner submits that the allegations, if any,

made in the petition against the respondent to the effect that respondent is responsible for delay, are hereby withdrawn.

6. In so far as, the delay by the petitioner is concerned, it is made clear that neither of the parties will take unnecessary adjournments in the proceedings.

7. Disputes and differences having arisen between the parties, the Arbitration Clause in the Contract Agreement was invoked.

8. Learned Arbitral Tribunal entered upon reference on 04.02.2018 and a Sole Arbitrator was appointed.

9. Statutory period of twelve months under Section 29A(1) of the Act expired on 03.02.2019. By consent of the parties, time was extended for another six months. The extended period expired on 3rd August, 2019.

10. Learned counsel for the petitioner submits that the matter is at the stage where the respondent is required to file its evidence and prays that the time be further extended for a period of nine months.

11. Learned counsel for the respondent, on instructions from the respondent, submits that he has no objection to the time being extended.

12. With the consent of the parties, time for completion of the proceedings and passing of the award is extended by a period of nine months from today.

13. The period between 3rd August, 2019 till date is hereby regularized.

14. The petition is allowed in the aforesaid terms.

JYOTI SINGH, J DECEMBER 10, 2019/yo/