Blue Star Ltd vs Lifecare Innovations Pvt. Ltd
2019 Latest Caselaw 6423 Del

$~A-33
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                               Date of decision: 10.12.2019

+      O.M.P.(MISC.)(COMM.) 507/2019

       BLUE STAR LTD                                      ..... Petitioner
                            Through:     Ms. Bhawna Jhorar, Mr. S.K. Sandhi
                                         & Ms. Medha Tandon, Advocates
                            versus

       LIFECARE INNOVATIONS PVT. LTD           ..... Respondent
                    Through: Mr. Anil Kaushik & Mr. Abhishek
                             Mishra, Advocates

CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH

JYOTI SINGH, J. (ORAL)

I.A. 17469/2019

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

O.M.P.(MISC.)(COMM.) 507/2019

1. Issue notice.

2. Mr. Anil Kaushik, Advocate, enters appearance on behalf of the respondent and accepts notice.

3. This is a joint petition filed under Section 29A(4) & (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. The Arbitral Tribunal initially entered on reference on 03.02.2017. Pleadings were complete before the Tribunal. During the pendency of the proceedings, one of the nominated Arbitrators passed away and a new Arbitrator was substituted. The Arbitral Tribunal was reconstituted and the mandate was extended by a period of six months.

5. On 31.08.2018, this Court had extended the time for rendering of the Award by a period of eight months commencing from 03.08.2018. Subsequently, vide order dated 03.04.2019, this Court had further extended the time by a period of 8 months and the mandate was expiring on 03.12.2019. Therefore, both the parties on 25.11.2019 undertook before the Arbitral Tribunal that they will jointly move an application.

6. Learned counsels for the parties submit that the proceedings are at the stage of evidence for the respondent pray that time be further extended for a period of eight months.

7. With the consent of the parties, time for completion of the proceedings and passing of the award is extended by a period of eight months from 04.12.2019.

8. The petition is allowed in the aforesaid terms.

JYOTI SINGH, J DECEMBER 10, 2019 rd/