Ms Zillion Infraprojects Private ... vs Bharat Heavy Electricals Limited
2026 Latest Caselaw 519 Cal/2

Calcutta High Court

Ms Zillion Infraprojects Private ... vs Bharat Heavy Electricals Limited on 4 February, 2026

OCD-11

                                 ORDER SHEET

                      IN THE HIGH COURT AT CALCUTTA
                           COMMERCIAL DIVISION
                               ORIGINAL SIDE

                               AP-COM/85/2026

               MS ZILLION INFRAPROJECTS PRIVATE LIMITED
                                  VS
                  BHARAT HEAVY ELECTRICALS LIMITED

  BEFORE:
  The Hon'ble JUSTICE GAURANG KANTH
  Date : 4th February, 2026.
                                                                             Appearance
                                                                Mr. Soumen Das, Adv.
                                                               Mr. Altamash Alim, Adv.
                                                                     ...for the petitioner

                                                      Mr. Aniruddha Bhattacharya, Adv.
                                                                   Mr. Arnab Roy, Adv.
                                                                   ...for the respondent

The Court: Affidavit of service is taken on record.

The petitioner has preferred 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 Counsel for the petitioner states that in view of the judgment

of the Hon'ble Supreme Court dated 29.01.2026 in Jagdeep Chowgule Vs

Sheela Chowgule & Ors., arising out of SLP (C) NO (S). 10944-10945 of

2025, this Court lacks both territorial jurisdiction and subject-matter

jurisdiction to entertain the present petition and that the competent Court is

the Commercial Court at Rajarhat.

Learned counsel for the petitioner further submits that initially he

had filed an application under Section 29A of the Act before the Commercial

Court at Rajarhat, which was disposed of in view of the earlier

pronouncement of this Court, pursuant to which Section 29A

applications were being entertained by this Court.

Learned counsel for the petitioner submits that in view of the recent

pronouncement of the Hon'ble Supreme Court designating the Commercial

Court at Rajarhat as the Court under Section as the 2(1)(e) of the Act, the

present petition is required to be filed before the said Commercial Court at

Rajarhat.

In view of the said, learned counsel for the petitioner seeks liberty to

move an appropriate application before the Commercial Court at Rajarhat,

so that application under Section 29A can be entertained in accordance with

law.

Learned counsel for the respondent agrees with the said submissions

and states that the relevant Court in terms of Section 2(1)(e) of the Act,

would be the Commercial Court at Rajarhat.

In view of the above, the present petition is dismissed as withdrawn

with liberty to the petitioner to approach the appropriate jurisdictional Court

in accordance with law.

(GAURANG KANTH, J.)

S. Mandi