Citation : 2026 Latest Caselaw 1774 Cal/2
Judgement Date : 11 March, 2026
OCD-11
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
COMMERCIAL DIVISION
ORIGINAL SIDE
AP-COM/114/2026
SAIBAL KANJILAL
VS
SARADA BUILDCON LIMITED AND ANR
BEFORE:
The Hon'ble JUSTICE GAURANG KANTH
Date : 11th March, 2026.
Appearance:
Mr. Siddhartha Banerjee, Adv.
Mr. Bratin Kumar Dey, Adv.
Ms. Anjana Banerjee, Adv.
...for the petitioner
Mr. Arijit Sarkar, Adv.
...for the respondents
The Court: 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 completion of the arbitral
proceedings and publication of the arbitral award.
Learned Counsel for the petitioner submits that this Court vide order
dated 13.06.2023 had appointed a sole Arbitrator to adjudicate the disputes
between the parties. The pleadings were completed on 05.12.2023. The
mandate of the Tribunal was extended by mutual consent for a period of six
months which ended on 16.05.2025. Thereafter, this Court vide order dated
22.05.2025 extended the mandate of the Arbitral Tribunal by a further
period of eight months. Learned Counsel for the petitioner submits that the
mandate is now expiring on 14.03.2026 and the matter is presently at the
stage of cross-examination of the lone witness of the respondent. He further
states that the Tribunal has conducted more than 21 hearings.
Learned Counsel for the respondents states that he has no objection
to the extension of the mandate of the Arbitral Tribunal.
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 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
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 petition stands disposed
of.
(GAURANG KANTH, J.)
R.Bhar
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