Allowed

Aditya Birla Finance Limited v. Sidhartha Educational and Welfare Society & Ors.

Delhi HC13 Aug 2024O.M.P.(MISC.)(COMM.)/534/2024

Case brief

AI extract

What is this about?

Petition under Section 29A(5) of the Arbitration and Conciliation Act, 1996 for extension of arbitral tribunal's mandate. Court extended the period by one year, noting sufficient cause due to negotiations, while leaving contentions open for the arbitrator.

What did the court decide?

Extension of Arbitral Tribunal's mandate granted for a period of 1 year.

Aditya Birla Finance Limited Vs Sidhartha Educational and Welfare… — Arbitration | Delhi HC (2024)

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$~65

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- O.M.P.(MISC.)(COMM.) 534/2024 ADITYA BIRLA FINANCE LIMITED

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.....Petitioner Through: Mr Ashim Sood, Mr. Ekansh Gupta, Mr. Prasad Dhande, Mr. Amit Divyae, Advs.

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versus

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SIDHARTHA EDUCATIONAL AND WELFARE SOCIETY & ORS.

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.....Respondent Through: Mr. Rajiv K Garg, Mr. Ashish Goel, Mr. Govind Singh, Advs. for R3

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CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 13.08.2024

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This is a petition filed under Section 29A(5) of the Arbitration and Conciliation Act, 1996 seeking extension of the mandate of the Arbitral Tribunal for a period of 12 months for the purpose of concluding the Arbitral proceedings and publishing the Arbitral Award.

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It is stated by Mr. Sood, learned counsel for the petitioner that since the parties spent considerable time in negotiations, the matter took some time.

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The matter came up for hearing on 19.07.2024 and notice was issued.

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As per the affidavit of service, the respondent Nos. 1, 2, 4 and 5 have been served at [email protected].

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The learned counsel for the petitioner has handed over an email dated

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/08/2024 at 11:18:05

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30.06.2023 from the said email of Mr. Amit Rana, wherein he had communicated with the learned Arbitrator. The email handed over in Court today is taken on record.

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For the said reasons, I am satisfied that the respondent Nos. 1, 2, 4 and 5 have been served and there is no appearance on their behalf.

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Mr. Garg, learned counsel for respondent No.3 states that they have settled the matter with the petitioner in Punjab and Haryana High Court and the consent for extension of mandate of the Arbitral Tribunal should not be construed as his consent to participate in the arbitration proceedings and/ or to admit any of the claims of the petitioner.

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I am satisfied that a sufficient cause has been shown. All the contentions and objections including objections raised by respondent No.3 is left open and to be adjudicated by the learned Arbitrator,

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For the said reasons, a period of 1 year is granted to the Arbitral Tribunal to make and publish the Award.

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The period from 14.07.2024 till date stands regularised.

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The petition is disposed of in the aforesaid terms.

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JASMEET SINGH, J

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AUGUST 13, 2024 / (MS)

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Click here to check corrigendum, if any

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/08/2024 at 11:18:05

Aditya Birla Finance Limited v. Sidhartha Educational and Welfare Society & Ors.

Case brief

What is this about?

What did the court decide?

Aditya Birla Finance Limited v. Sidhartha Educational and Welfare Society & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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