Citation : 2026 Latest Caselaw 2960 Cal/2
Judgement Date : 13 April, 2026
OCD-2
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
(Commercial Division)
ORIGINAL SIDE
AP-COM/235/2026
PAHARPUR COOLING TOWERS LIMITED
VS
BHARAT HEAVY ELECTRICALS LIMITED
BEFORE:
The Hon'ble JUSTICE GAURANG KANTH
Date : 13th April, 2026.
Appearance:
Mr. Snehasish Sen, Adv.(VC)
Mr. Debdatta Mukhopadhyay, Adv.
...for the petitioner
Mr. Anindya A. Chakraborty, Adv.(VC)
Mr. Sreetama Neogi, Adv.(VC)
..for the respondent/BHEL
The Court: The petitioner has filed the present application under
Section 29A of the Arbitration and Conciliation Act, 1996 seeking extension
of the mandate of the arbitral tribunal for conclusion of the arbitral
proceedings and publication of the arbitral award.
Learned Senior Counsel for the petitioner submits that this Court vide
order dated 11.12.2023 appointed a sole arbitrator to adjudicate the
disputes between the parties. The pleadings were completed on 30.09.2024.
With the consent of the parties the mandate of the arbitral tribunal was
extended by six months till 31.03.2026.
Learned Counsel for the respondent states that he has no objection to
the extension of the mandate of the arbitral tribunal.
Learned Counsel for the petitioner further submits that the arbitral
tribunal has conducted 25 sittings and that the matter is presently at the
stage of the recording of evidence.
Upon consideration of the submissions of the parties and the
materials placed on record, this Court is satisfied that there has been no
undue and unwarranted delay on the part of the learned sole arbitrator in
concluding the proceedings.
Having regard to the advanced stage of the proceedings and in the
interest of justice, the mandate of the arbitral tribunal is extended further
for a period of eight months from today.
The learned sole arbitrator is requested to make all reasonable
endeavours to conclude the arbitral proceedings and publish the arbitral
award within the extended time period.
With the aforesaid observations, the present application stands
disposed of.
(GAURANG KANTH, J.)
S.A./S. Mandi ARs (CR)
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