HARKIRAT SINGH SODHI Vs. ORAM FOODS PVT LIMITED

JUDGEMENT

(1.) By way of the present petition under sec. 29A(4) read with Sec. 29A(5) and 29A(8) of the Arbitration and Conciliation Act, 1996 ('A&C Act') the petitioner seeks a direction granting extension of time for completion of arbitral proceedings that are on-going between the petitioner and the respondents before Hon'ble Dr. Justice Mukundakam Sharma, former judge of the Supreme Court of India under the aegis of the Delhi International Arbitration Centre ('DIAC').

(2.) Briefly, the genesis of the disputes between the parties is a registered Lease Deed dtd. 5/7/2016 for the Second Floor and Third Floor of property bearing No. N-8 (Block 'N' Market), Greater Kailash-I, New Delhi ('subject premises') that was signed between the petitioner and respondent No.1. Arbitral proceedings arose from certain defaults committed by the respondents in payment of rental amounts; as a consequence of which the petitioner terminated the lease deed on 17/4/2017. Subsequent to termination of tenancy, the parties signed a Settlement Agreement dtd. 8/6/2017, despite which settlement however, the respondents continued to default in payment of the rental amounts, which lead the petitioner to issue another termination notice dtd. 14/3/2018, directing the respondents to hand-back possession of the subject premises within 15 days of the notice i.e., by 31/3/2018. The respondents however failed to hand-back possession of the subject premises, which were also sealed by the Municipal Corporation of Delhi on 30/5/2018.

(3.) Thereafter, on 14/12/2018, upon the petitioner's 'Request for Arbitration' filed before the DIAC, Hon'ble Mr. Justice J.K. Mehra, former Judge of the Delhi High Court was appointed as the learned sole arbitrator to adjudicate upon the disputes that had arisen between the parties. On 26/3/2019 the petitioner filed his statement of claim before Justice Mehra; whereupon respondent No.3 filed his reply and statement of defence on 22/5/2019; and respondents Nos. 1 and 2 filed their joint reply and statement of counter-claims on 23/5/2019.