Airworth Travels & Tours Pvt. Ltd. vs Interglobe Technology Quotient ...
2019 Latest Caselaw 4356 Del

$~A-29
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                                  Date of decision: 16.09.2019
+      O.M.P.(MISC.)(COMM.) 374/2019

       AIRWORTH TRAVELS & TOURS PVT. LTD.
                                                                    ..... Petitioner
                                Through:   Mr. Saket Sikri, Mr. Nikul Singhvi,
                                           Ms. Manpreet Kaur, Mr. Vikalp
                                           Mudgal, Advocates
                                versus

       INTERGLOBE TECHNOLOGY QUOTIENT PVT. LTD.
                                                  ..... Respondent
                    Through: Mr. Ashish Dholakia, Mr. Kishore
                             Kumar, Mr. Ashish Singla, Advocates
       CORAM:
       HON'BLE MS. JUSTICE JYOTI SINGH

       JYOTI SINGH, J. (ORAL)

I.A. No. 12794/2019 (Exemption)

1. Exemption allowed subject to all just exceptions.

Application stands disposed of.

I.A. No. 12796/2019 (permission to file lengthy list of dates)

2. For the reasons stated in the application, the same is allowed.

Application stands disposed of.

O.M.P.(MISC.)(COMM.) 374/2019

3. This is a petition under Section 29A(4) and (5) of the Arbitration & Conciliation Act, 1996, ('Act'), seeking extension of time for completion of the arbitral proceedings and passing of the award.

4. Disputes and differences having arisen between the parties in relation to a Subscriber Agreement dated 1.10.2009, the petitioner invoked the arbitration clause vide its notice dated 11.4.2017. This Court in a petition under Section11 of the Act, vide order dated 21.2.2018 modified by an order dated 16.3.2018, appointed the Arbitral Tribunal.

5. The Arbitral Tribunal had entered upon reference on 21.03.2018. On 17.05.2018, the statement of claim has been filed by the petitioner/claimant. Application under Section 16 of the Act is pending adjudication before the Arbitrator. The statutory period of 12 months for making the award elapsed on 20.03.2019.

6. With the consent of the parties and by an order dated 13.11.2018, the time was extended by six months from 20.03.2019. The extended time is expiring on 20.09.2019.

7. Mr. Ashish Dholakia, Advocate enters appearance on behalf of the respondent and submits that he has no objection to the time being extended.

8. For the reasons stated in the petition, the petition is allowed.

Time for completion of the arbitral proceedings and passing of the award is hereby extended by a period of one year with effect from 20.09.2019.

9. The petition is disposed of in the aforesaid terms.

I.A. No. 12795/2019 (Leave to continue arbitration proceedings)

10. Since the main petition is disposed of, no further orders are required in this application and the same is accordingly disposed of.

JYOTI SINGH, J SEPTEMBER 16, 2019 Pkb/