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Judgment
13 paragraphs · 289 wordsJyoti Singh, J
I.A. No. 12955/2019 (Exemption)
Exemption allowed subject to all just exceptions.
Application stands disposed of.
O.M.P.(MISC.)(COMM.) 379/2019
This is a petition under Section 29A(5) of the Arbitration & Conciliation Act, 1996, ('Act'), seeking extension of time for completion of the arbitral proceedings and passing of the Award.
The Arbitral Proceedings between the parties commenced pursuant to order dated 25.08.2017 passed by this court appointing the Sole Arbitrator. The pleadings were completed in April, 2018. The respondent filed an application under Section 16 of the Act.
The statutory period of 12 months expired on 24.08.2018. By mutual consent, the parties extended the time by a further period of six months up to 25.02.2019.
Thereafter, on a few dates, the arguments were heard. But subsequently the father of counsel for claimant was hospitalized and the proceedings could not move forward.
The petitioner then filed a petition bearing OMP (Misc) (Comm) No.83/2019 in this court seeking extension of time. The petition was disposed of vide order dated 26.03.2019 extending the time for making the Award w.e.f. 13.03.2019. The extended time has expired on 12.09.2019.
Mr. Vishal Mittal, Advocate appears on behalf of the respondent and submits that he has no objection to the present petition being allowed. Learned counsels for the parties submit that the written submissions have been filed by the parties and the time be further extended so that the proceedings can be concluded.
In view of the averments made in the petition and no objection of the respondent, the time for completion of the proceedings and passing of the Award is extended for further period of six months w.e.f. 12.09.2019.
The petition is allowed in the aforesaid terms.