S K Infra A Sole Proprietorship Concern Through Its Sole Proprietor Mr Deepak Khatri v. Juniper Green Three Pvt Ltd

O R D E R %

20.11.2024

¶1The present petition under Section 29(A) r/w Section 23 of the Arbitration and Conciliation Act, 1996 (hereinafter "the A&C Act") seeks the following prayers:- "(i) Permit the petitioner to file the Statement of Defence & Counter-Claim in the Arbitration proceeding titled as 'Juniper Green Pvt. Ltd. vs. S.K. Infra (A sole Proprietorship Concern) & Anr.' pending before the Ld. Arbitrator Shri B.S. Mathur, District Judge (Retd.).

(ii) Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."

¶2Admittedly, the learned Sole Arbitrator was appointed by this Court pursuant to order dated 03.11.2023 passed by this Court in ARB.P. 1151/2023. Further, the admitted position is that the period of 12 months This is a digitally signed order. contemplated under Section 29(A)(1) of the A&C Act, has not yet expired; the said period will expire only in May, 2025. Thus, the mandate of the arbitrator has not come to an end.

¶3As such, the present petition under Section 29A of the A&C Act is ex-facie non-maintainable.

¶4The grievance of the petitioner is that the petitioner has not been permitted to file its statement of defence in the arbitral proceedings and that the petitioner"s right in this regard has been unduly forfeited by the learned Sole Arbitrator. This is an aspect which cannot be agitated in these proceedings, being beyond the purview of Section 29A of the A & C Act, 1996.

¶5Needless to say, it shall be open to the petitioner to make an appropriate application as regards its aforesaid grievance before the learned Sole Arbitrator, which shall be considered by the learned Sole Arbitrator on its own merits.

¶6The present petition is, accordingly, dismissed.

SACHIN DATTA, J NOVEMBER 20, 2024/at This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 567/2024 &I.A. 35328/2024 S K INFRA A SOLE PROPRIETORSHIP CONCERN THROUGH ITS SOLE PROPRIETOR MR DEEPAK KHATRI .....Petitioner Through: Mr. Aamir Zaidi, Mr. Rakshan Ahmed, Mr. Abhishek Tanwar, Mr. Mohd. Bilal, Mr. Fajallu Rehman, Ms. Lakshmi, Advs. versus JUNIPER GREEN THREE PVT LTD. .....Respondent Through: Mr. Shaiwal Srivastava with Ms. Shivani Uppal(AR) CORAM: HON'BLE MR. JUSTICE SACHIN DATTA