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2025 Supreme(Online)(DEL) 466

HIGH COURT OF DELHI
Purushaindra Kumar Kaurav, J
EXTRAMARKS EDUCATION INDIA PVT LTD – Appellant
Versus
G D GOENKA PUBLIC SCHOOL – Respondent
O.M.P.(MISC.)(COMM.) 982/2024



Advocates:
ANKIT PARASHAR

The court upheld the extension of time for arbitration proceedings, emphasizing the necessity for adequate hearings as per the Arbitration and Conciliation Act.

Headnote:(A) Arbitration and Conciliation Act, 1996 - Section 29A - Extension of time for arbitration proceedings - The petitioner sought an extension of the time period for the Sole Arbitrator to conduct hearings and pass an award - The court found the request just and proper, granting an extension of six months from 01.10.2024. (Paras 3, 4, 5)

(B) Service of notice - The affidavit of service confirmed compliance with the court's order for serving notice to the respondent, satisfying the requirements of the Bharatiya Sakshya Adhiniyam, 2023. (Paras 1, 2)

Facts of the case:
The petitioner filed a petition to extend the time for the Sole Arbitrator in an arbitration matter involving an educational institution. Delivery of notice to the respondent was duly completed.

Findings of Court:
The court granted an extension of six months for the Sole Arbitrator to conduct hearings and pass an award.

Issues: The primary issue was whether the extension of time for the arbitration proceedings was justified.

Ratio Decidendi: The court held that the extension was just and proper, emphasizing the need for adequate time for hearings in arbitration matters.

Result: Petition allowed and disposed of.

ORDER :

1. The following affidavit of service has been placed on record by the petitioner:-

“I, Ankit Parashar, Advocate, son of Mr. Pramod Kumar, aged about 32 years, working for gain at Alba Law Offices, 3D, Girdhar Apartments, 28, Firozshah Road, New Delhi - 110001, do hereby solemnly affirm and declare as under:

1. That the deponent is the counsel for the Petitioner and therefore fully conversant with the facts of the case and competent to depose in this matter.

2. I say that, in compliance of the order dated 20.12.2024, Complete set of petition alongwith documents and notice were sent through Speed Post to the respondent on 29.01.2025 and delivery status of the same is as under:-

The Speed Post receipts dated 29.01.2025 alongwith its tracking reports are annexed herewith as Annexure A1(colly).

3. I say that, in compliance of the order dated 20.12.2024, Complete set of petition alongwith documents and notice were sent through Courier to the respondent on 29.01.2025 and delivery status of the same is as under:

Respondent No.Address/ ParticularsStatus of delivery/ return
1G D Goenka Public School Near Omaxe-1, Panorama City, Sec-54, Shahapur, Salarpur Rd, Bhiwadi, Rajasthan- 301019"Delivered on 31.01.2025"
D-1, Bhagat Singh Colony, Bhiwadi, Rajasthan-301019"Delivered 30.01.2025"

The receipts of Courier dated 29.01.2025 alongwith its tracking reports are annexed herewith as Annexure A2(colly)

4. I further certify that the conditions as laid down in section 63 of the Bharatiya Sakshya Adhiniyam, 2023 regarding the admissibility of the Computer output in relation to the information and the computer in question are fully satisfied in all respects.

5. The contents of the above affidavit are true and correct to the best of my knowledge and belief.”

2. In view of the aforesaid, service stands completed.

3. The petition has been filed for the following reliefs:

“a) Allow the present petition and extend the time period of Ld. Sole Arbitrator by a period of Four months from the date of allowing of the present petition by this Hon'ble court for conducting 3-4 hearings for final arguments and passing of award as per section 29 A of the Arbitration And Conciliation Act, 1996 of the with respect to the matter of arbitration of Extramarks Education India Pvt. Ltd. v. G.D. Goenka Public School (Arb. P. No. 1259/2021)”

4. For the reasons stated in the instant petition, the Court finds that the prayer is just and proper. Accordingly, six months time is extended starting from 01.10.2024.

5. The petition stands allowed and disposed of.

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