Srei Equipment Finance Limited vs Nita Prakash Hinduja
2026 Latest Caselaw 1508 Cal/2

Calcutta High Court

Srei Equipment Finance Limited vs Nita Prakash Hinduja on 27 February, 2026

     ORDER                                                        OCD - 6
                      IN THE HIGH COURT AT CALCUTTA
                          COMMERCIAL DIVISION
                              ORIGINAL SIDE

                              AP-COM/152/2026
                      SREI EQUIPMENT FINANCE LIMITED
                                    VS
                           NITA PRAKASH HINDUJA
BEFORE
HON'BLE JUSTICE GAURANG KANTH
Date: February 27, 2026.
                                                                       Appearance:-
                                                         Mr. Swatarup Banerjee, Adv.
                                                            Mr. Shaunak Ghosh, 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.

Mr. Banerjee, learned counsel for the petitioner submits that this Court

vide order dated 20.05.2024 had appointed a learned arbitrator to adjudicate

the disputes between the parties. The statement of defence was filed by the

respondent No.2 on 17.01.2025. Vide order dated 16.05.2025, the name of the

respondent No.1 was deleted from the array of parties. Thereafter, respondent

No.2 remained absent throughout and hence vide order dated 24.07.2025, the

tribunal allowed the application for proceeding ex-parte against the respondent

No.2. The mandate of the arbitral tribunal expired on 05.02.2026. The

tribunal has conducted more than 11 sittings and the matter is at the stage of

ex-parte evidence.

Upon consideration of the submissions of both the parties and 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