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2025 DAILYLAW 46311 (DEL)

AJAY GOYAL v. CLARION PROPERTIES LIMITED

O.M.P.(MISC.)(COMM.)/24/2025 · 2025-01-10

Anish Dayal

body2025

Judgment text

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O.M.P. (MISC.) (COMM.) 24/2025 p. 1 $~60 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(MISC.)(COMM.) 24/2025 AJAY GOYAL .....Petitioner Through: Mr. Manuj Aggarwal, Mr. Saksham Singh and Mr. Khushank, Advocates versus CLARION PROPERTIES LIMITED .....Respondent Through: Mr. Mayank Tripathi, Mr. Nishant Kumar, Mr. Chiranjeev Mahto and Ms. Ambika Singh, Advocates CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA O R D E R % 07.05.2025 I.A. 6666/2025 (for recalling of order dated 10.01.2025) 1. After some arguments, learned counsel for the applicant/Respondent states on instructions from Mr. Aman Kumar and Mr. Ashish Tyagi, who are present in Court, that the Respondent is not pressing the grounds of bias, as alleged in this application. 1.1 He, however, prays that the Respondent’s apprehensions will be alleviated if the daily order is circulated by the Ld. Arbitrator on the same day or within a reasonable timeframe. 1.2 He states that in the past, the delay in receiving the daily orders has caused apprehension in the mind of the Respondent and led to miscommunication(s). 1.3 He further states that the Respondent’s application dated 16.02.2024 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 01/07/2025 at 16:28:36 O.M.P. (MISC.) (COMM.) 24/2025 p. 2 for additional documents noted in the arbitral proceedings dated 09.04.2024 is still pending consideration. 2. In response, learned counsel for the Petitioner states that before the matter was referred to the current Arbitrator, the arbitral proceedings were at the stage of final arguments before the previous arbitrator. 2.1 He states that this arbitration matter has been pending since 2012 and the Petitioner is suffering because of this inordinate delay. 2.2 He states that he has no objection if the Respondent’s application dated 16.02.2024 is allowed without prejudice to the rights and contentions of the Petitioner vis-à-vis the veracity and the relevance of the said additional documents. 2.3 He states that the relevancy of the documents may be determined by the Ld. Arbitrator. 3. This Court has perused the record. 4. The current Sole Arbitrator was appointed on 03.03.2021. Since then, four (4) years have been passed by and the arbitration proceedings are still pending at the stage of final arguments. 5. Having considered the averments made by the parties and with the consent of the parties, the following directions are being issued: - a. All proceedings shall be held by the Arbitrator physically and the Arbitrator will be at liberty to avail services of the stenographer and/or typist at each hearing (at the cost of parties). b. The Arbitrator will endeavor to issue procedural orders on the same day at the hearing or, at the latest, within 48 hours of the hearing; ensuring that orders are duly communicated to the parties through e- mail. This direction does not apply to order(s) which are reserved for 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 01/07/2025 at 16:28:36 O.M.P. (MISC.) (COMM.) 24/2025 p. 3 the judgment. In case of reserved judgment, the same may be pronounced by holding a hearing. c. The Respondent’s application dated 16.02.2024 is allowed with the consent of the parties and the additional documents filed by the Respondent are directed to be taken on record, subject to the Respondent proving the said documents in accordance with law. The relevancy and veracity of the said documents will be decided by the Sole Arbitrator during the course of the hearing. d. Parties have undertaken that they will not seek any unnecessary adjournment before the arbitral tribunal and cooperate with the arbitral tribunal in expeditious disposal of the arbitral proceedings. The parties agree that the final award must be pronounced expeditiously and therefore short dates of hearing will be given. e. Accordingly, the mandate of the arbitral tribunal is extended for a period of six (6) months from today, to expire on 07.11.2025. The period of arbitration until today is regularized. 6. With the aforesaid directions, the present application stands disposed of. 7. Order dated 10.01.2025 shall stands modified to this limited extent. MANMEET PRITAM SINGH ARORA, J MAY 7, 2025/rhc/AM Click here to check corrigendum, if any 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 01/07/2025 at 16:28:36