National Plasto Products Private Limited v. The New India Assurance Company Limited

OCD-1 ORDER SHEET AP-COM/433/2024

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE (Commercial Division) NATIONAL PLASTO PRODUCTS PRIVATE LIMITED VS THE NEW INDIA ASSURANCE COMPANY LIMITED

BEFORE:

The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA Date : 18th March, 2024.

Appearance:

Mr. Satadeep Bhattacharya, Adv.

Mr. Karanjeet Sharma, Adv.

...for the petitioner The Court: Learned counsel appearing for the applicant places a notice of 28th February, 2024 which records that the respondent - also the respondent in the arbitration - was aware that the matter will appear before this Court on 7th March, 2024.

Counsel further submits that the respondent was party to an order passed by the learned Arbitrator on 17th February, 2024 which records the agreement of the parties in the arbitration to file an application under Section 29-A of The Arbitration and Conciliation Act, 1996, for extension of the mandate of the tribunal.

This is the second application for extension of the mandate. The first application was allowed by an order dated 18th September, 2023 whereby the

mandate was extended for six months from 31st August, 2023. The mandate hence ended on 29th February, 2024. The present application was made before the expiry of the mandate.

The Court is informed that the parties are at the stage of final arguments.

Considering the fact that the respondent has not objected to the present application by way of letter or otherwise, this Court is inclined to allow the application for extension of the mandate of the learned Arbitrator. AP-COM/433/2024 is allowed and disposed of by extending the mandate for 5 months from 29th February, 2024.

Needless to say, the parties will conclude their arguments within the timelines as may be decided by the learned Arbitrator. (MOUSHUMI BHATTACHARYA, J.) bp.