Tata Capital Ltd. v. Binoy Trading Company And ORS.

ORDER

OCD-6

IN THE HIGH COURT AT CALCUTTA

COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/93/2026 TATA CAPITAL LTD.

VS BINOY TRADING COMPANY AND ORS.

BEFORE

HON'BLE JUSTICE GAURANG KANTH Date: February 23, 2026.

Appearance:- Mr. Avishek Guha, Adv.

Mr. Ankush Majumdar, Adv.

...for petitioner.

Ms. Anjana Banerjee, Adv.

Mr. Subhankar Banerjee, Adv.

...for respondents.

The Court:- Affidavit of service is taken on record. 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.

Learned counsel for the petitioner submits that this Court vide order dated 24.02.2023, appointed Mr. Rohit Banerjee (Advocate) as a learned arbitrator to adjudicate the disputes between the parties. However, the learned sole arbitrator expressed his inability to continue with the arbitral proceedings. Accordingly, this Court vide order dated 11.10.2023, appointed Mr. Arjun Mookerjee (Advocate) as a sole arbitrator to adjudicate the disputes between the parties. He conducted 10 hearings and thereafter expressed his inability to

continue with the arbitral proceedings. Thereafter, this Court vide order dated 21.05.2024, appointed Mr. Justice Sahidullah Munshi (retired) as a sole arbitrator to adjudicate the disputes between the parties. The pleadings were completed on 02.09.2024. With the consent of the parties, the mandate of the arbitral tribunal was further extended for a period of six months till 02.02.2026. It is submitted on behalf of the parties that the arbitral tribunal has already conducted more than 28 sittings and that the matter is presently at the stage of recording the evidence of the respondents. Learned counsel for the respondents states that the respondents have no objection to the extension of the mandate of the arbitral tribunal.

Upon consideration of the submissions of 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 six 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