Union Of India vs M/S Sharma Kalypso Pvt Ltd.
2019 Latest Caselaw 5860 Del

$~30
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                  Date of decision: 21st November, 2019

+     O.M.P.(MISC.)(COMM.) 340/2019
      UNION OF INDIA                                       ..... Petitioner
                          Through       Ms. Monika Arora, Advocate.
                          versus
      M/S SHARMA KALYPSO PVT LTD.                          ..... Respondent
                          Through       Mr. Abhishek Pundir, Advocate for
                                        Mr. Sharma Kalypso, Advocate.
      CORAM:
      HON'BLE MS. JUSTICE JYOTI SINGH

JYOTI SINGH, J. (ORAL)

I.A. No. 12004/2019

1. This is an application filed by the petitioner seeking condonation of delay of 6 days in re-filing the petition. For the reasons stated in the application, the same is allowed.

2. Delay of 6 days in re-filing the petition is condoned.

3. Application is disposed of.

O.M.P.(MISC.)(COMM.) 340/2019

1. 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.

2. The Arbitrator had entered upon reference on 11th January, 2018. Statutory period of twelve months under Section 29A(1) of the Act expired on 10th January, 2019. By mutual consent of the parties, time was extended upto 15th May, 2019 vide order dated 13th February, 2019. Vide order dated 23rd April, 2019, the time was extended by the Arbitrator upto 30th June, 2019 and upto 10th July, 2019 vide order dated 20th May, 2019.

3. Vide letter dated 3rd June, 2019, the Arbitrator communicated to the party to seek further period of six months for making and publishing the Arbitral Award.

4. Learned counsel for the petitioner submits that the matter is at the stage of filing the amended rejoinder by the respondent and arguments have to commence.

5. Learned counsel for the respondent submits that the respondent has no objection to the petition being allowed and the time being extended.

6. 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. 21th November, 2019.

7. The period between 11th July, 2019 and 20th November, 2019 is hereby regularized.

8. The petition is allowed in the above terms.

JYOTI SINGH, J

NOVEMBER 21, 2019 yo/