Petent Radiopharmaceutical Solutions Private Linmied v. Eko Diagnostic Private Limited

08.05.2025 Court No.652 Supp. 1 sudipta

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION APPELLATE SIDE C.O. 1368 of 2025 PETNET Radiopharmaceutical Solutions Private LImited Vs.

EKO Diagnostic Private Limited Mr. Akash Bajaj (via VC) Ms. Shreya Singh (via VC) Ms. Nandini Khaitan Ms. Mehul Bhachhawat ..for the petitioner Ms. Sristi Barman Roy Mr. Sumit Das Mr. Aman Baid ..for the opposite party

1. The present petition has been filed challenging the impugned order no. 5 dated 3rd April, 2025 passed by learned Judge, Commercial Court at Rajarhat, North 24 Parganas in Misc. Arb (Com)- 125/2024 whereby the learned Judge, Commercial Court rejected the application for extension of time under Section 29A (4) of the Arbitration and Conciliation Act, 1996 on the ground that this Court do not have the jurisdiction or authority to extend further time for conclusion of the arbitral proceedings.

2. At the outset learned counsel for the respondent states that on instruction mandate may be extended with effect from 20th of November, 2024 for a further period of 12 months.

3. Section 29A of the Arbitration and Conciliation Act, 1996 provides the time limit for passing the arbitral award. Section 29A(4) provides the mechanism for extension of mandate if the award is not made within the period specified in subSection 1 or extended period specified under subSection 3. Perusal of Section 29A(4) makes it clear that the "Court" shall have power to extend the time limit.

4. Thus, in view of the consent given by the opposite party, the mandate is extended for 12 months from November, 2024 till November, 2025.

5. In the circumstances, the petition stands disposed of.

6. All parties shall act on the basis of the server copy of this order duly downloaded from the official website of this Court.

(Dinesh Kumar Sharma, J.)