Srei Equipment Finance Limited v. Munnalal Sharma And ANR

OCD 30 ORDER SHEET AP-COM/222/2025

IN THE HIGH COURT AT CALCUTTA

COMMERCIAL DIVISION ORIGINAL SIDE SREI EQUIPMENT FINANCE LIMITED Vs.

MUNNALAL SHARMA & ANR.

BEFORE:

The Hon'ble JUSTICE SHAMPA SARKAR Date: 26th March, 2025.

Mr. Swatarup Banerjee, Adv.

Mr. Sariful Haque, Adv.

Ms. Bisakha Pal, Adv.

...for the petitioner.

Mr. Shantanu Sinha , Adv.

Mr. P. Saha, Adv.

...for the respondents.

The Court : This is an application for extension of the mandate of the learned Arbitrator.

It is submitted by the learned Advocate for the respondents that the prayer for extension of the mandate is not unreasonable, but the statement of defence of the respondents has not been accepted by the learned Arbitrator. This issue cannot be decided by this Court. The respondents have other remedies under the law. Learned Advocate for the respondents further submits that the delay has been caused on account of the adjournments prayed for by the claimant.

Considering the matured stage of the arbitration proceedings, and as the witness action is going on, the mandate of the learned arbitrator must be extended for the ends of justice. The mandate of the learned arbitrator expired

on January 12, 2025. Hence, ends of justice demands that the mandate of the learned Arbitrator is extended by a further period of one year from the date of communication of this order, to enable the learned Arbitrator to make and publish her award.

The petitioner undertakes not to pray for unnecessary adjournments before the learned Arbitrator.

AP-COM/222/2025 is, accordingly, disposed of. (SHAMPA SARKAR, J.) pa/sb