High CourtsSingle Bench(2019) 10 DEL CK 0071

Naveen Saroha vs Airline Allied Services Limited

Delhi High Court · Decided on 9 October 2019

HON’BLE JUDGES
Jyoti Singh, J
RESULT
Allowed
CASE NUMBER
Original Miscellaneous Petition (MISC.) No. 39 Of 2019, Miscellaneous Application No. 13956 Of 2019

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Judgment

14 paragraphs · 236 words

Jyoti Singh, J

I.A. No. 13956/2019 (Exemption)

Exemption allowed subject to all just exceptions.

Application stands disposed of.

O.M.P. (MISC.) 39/2019

1.

Issue notice.

2.

Ms. Padma Priya, Advocate enters appearance on behalf of the respondent and accepts notice of the petition.

3.

The 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.

4.

Arbitral Tribunal entered reference on 21.07.2017. The statutory period of 12 months expired on 20.07.2018. By a mutual consent of the parties the time was extended by a period of 6 months, which expired on 19.01.2019.

5.

Pleadings were completed on 09.04.2019. On 06.08.2018, an application under Order XVIII Rule 3 CPC seeking permission for rebuttal evidence was filed, which was disposed of by the Tribunal vide order dated 29.01.2019.

6.

Learned counsel for the petitioner submits that the matter is at the stage of cross-examination of the last witness of the respondent.

7.

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

8.

For the reasons stated in the petition, the time for completion of proceedings and passing of the Award is extended and regularized from 20.01.2019 till date. Time is extended by a further period of 6 months from today.

9.

The petition is allowed in the above terms.