Citation : 2026 Latest Caselaw 4 Cal/2
Judgement Date : 5 January, 2026
O-4
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
ORIGINAL SIDE
AP/209/2025
RAJ KUMAR SINGH AND OTHERS
VS
LAUREL INVESTMENTS LIMITED
BEFORE:
The Hon'ble JUSTICE GAURANG KANTH
Date : 5th January, 2026.
Appearance:
Mr. Saurabh Guhathakurata, Adv.
Mr. Abhratanu Sarkar, Adv.
...for the petitioners
Mr.Rachit Lakhmani, Adv.
Mr. Shubham Gupta, Adv.
Md. Ayaan, Adv.
Mr. Rajsekhar Bal Bakshi, Adv.
...for the respondent
The Court: The petitioners have 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.
This Court vide order dated 19.01.2023 appointed the learned sole
Arbitrator to adjudicate the disputes between the parties. Upon expiry of the
initial mandate of the arbitral tribunal, the parties, by mutual consent
extended the mandate of the arbitral tribunal for a further period of six
months. Subsequently, this Court vide order dated 19.03.2025, extended
the mandate of the arbitral tribunal by further 8 months.The said extended
mandate of the arbitral tribunal expired on 8th December, 2025. The Arbitral
Tribunal held 27 hearings and concluded the evidence. The matter is now at
the final argument stage.
Learned Counsel for the respondent submits that although he has no
objection to the extension of the mandate of the arbitral tribunal, he seeks
substitution of the arbitrator. He contends that in terms of Section 29A(4) of
the Act, the mandate of the arbitrator stands terminated automatically upon
expiry of the prescribed period and that the substitution under Section
29A(6) thereof becomes mandatory for the Court. In support of his
submissions, he places reliance upon a judgment of the Hon'ble Supreme
Court reported in 2025 SCC OnLine SC 2754 (Mohan Lal Fatehpuria -
Versus- Bharat Textiles and Others). He seeks time to file affidavit(s).
Time to file affidavit-in-opposition is granted for a period of two weeks
from date. Affidavit-in-Reply thereto, if any, be filed within a period of one
week thereafter.
List this matter after four weeks.
(GAURANG KANTH, J.)
snn/sb.
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