Dr. Ashok Kumar Khaturia vs Zeal Developers Pvt Ltd,
2019 Latest Caselaw 5820 Del

$~A-27
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                    Date of decision: 20th November, 2019

+      O.M.P.(MISC.)(COMM.) 291/2019
       DR. ASHOK KUMAR KHATURIA                             ..... Petitioner
                            Through       Mr. Prateek Kohli, Advocate.

                            versus

       ZEAL DEVELOPERS PVT LTD,                             ..... Respondent

                            Through       Mr. Sandeep Goel, Director of Zeal
                                          Developers Pvt. Ltd. (present in
                                          person)

CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH

JYOTI SINGH, J. (ORAL)

O.M.P.(MISC.)(COMM.) 291/2019

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

2. The Arbitrator had entered upon reference on 7th December, 2017. Statutory period of twelve months under Section 29A(1) of the Act expired on 6th December, 2018. By mutual consent of the parties, time was extended by six months. The extended period expired on 6th June, 2019.

3. Learned counsel for the petitioner submits that vide order dated 11 th May, 2019 the learned Arbitrator had requested the parties to approach the Court for seeking extension of time.

4. Learned counsel for the petitioner submits that the matter is at the stage of evidence of the respondent and prays that the time be further extended for a period of six months.

5. Mr. Sandeep Goel, Director of the Respondent Company, who is present in Court, submits that he has no objection to the time being extended.

6. Mr. Sandeep Goel submits that the petitioner is taking unnecessary adjournments in the matter and therefore he should be directed that no unnecessary adjournment would be taken. He further submits that three witnesses remain to be examined by the respondent.

7. With the consent of the parties, time for completion of the proceedings and passing of the award is extended by a period of six months with effect from today i.e. 20th November, 2019. Needless to state that no unnecessary adjournments will be taken by either party.

8. The period between 7th June, 2019 till 19th November, 2019 is hereby regularised

9. The petition is allowed in the above terms.

JYOTI SINGH, J NOVEMBER 20, 2019 yo/