Srei Equipment Finance Limited vs Kishor Himmatlal Agarwal And Another
2026 Latest Caselaw 1506 Cal/2

Calcutta High Court

Srei Equipment Finance Limited vs Kishor Himmatlal Agarwal And Another on 27 February, 2026

     ORDER                                                        OCD - 3
                      IN THE HIGH COURT AT CALCUTTA
                          COMMERCIAL DIVISION
                              ORIGINAL SIDE

                          AP-COM/147/2026
                   SREI EQUIPMENT FINANCE LIMITED
                                 VS
               KISHOR HIMMATLAL AGARWAL AND ANOTHER

BEFORE
HON'BLE JUSTICE GAURANG KANTH
Date: February 27, 2026.
                                                                       Appearance:-
                                                         Mr. Swatarup Banerjee, Adv.
                                                              Mr. Sariful Haque, Adv.
                                                               Mr. Rajib Mullick, Adv.
                                                          Mr. Biswaroop Ghosh, Adv.
                                                                      ...for petitioner.


    The Court:- Affidavit of service is taken on record. Despite service, none

appears for the respondents.

The petitioner has preferred the present petition 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 counsel for the petitioner submits that this Court vide order

dated 12.10.2023 had appointed a learned arbitrator to adjudicate the disputes

between the parties. The pleadings were completed on 26.09.2024. He further

submits that the mandate of the arbitral tribunal expired on 25.09.2025. The

respondents refused to give consent to the extension of the mandate of the

arbitral tribunal. After completion of the pleadings, the respondents filed an

application under Section 16 of the Arbitration and Conciliation Act, 1996.

After conducting extensive hearing, the tribunal is required to pass an order on

the said application. He further submits that the tribunal has conducted more

than 16 sittings and that an order is now required to be passed on the

application filed by the respondents under Section 16 of the Arbitration and

Conciliation Act, 1996.

Upon consideration of the materials placed on record, this Court is

satisfied that there has been no undue or unwarranted delay on the part of the

learned sole arbitrator in conducting the arbitral proceedings. Having regard to

the advanced stage of the proceedings and in the interest of justice, the

mandate of the learned sole arbitrator is extended for a further 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 above directions, the present petition stands disposed of.

(GAURANG KANTH, J.)

R. D. Barua