Reliance Commercial Finance Limited v. Siaram Choudhury And ANR

OD-5

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE AP/61/2024 RELIANCE COMMERCIAL FINANCE LIMITED VS SIARAM CHOUDHURY AND ANR

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 14th May, 2024.

Appearance:

Mr. Biswaroop Mukherjee, Adv.

Mr. Avijit Dey, Adv.

...for petitioner.

Mr. Manas Kumar Das, Adv.

...for respondent no. 1 Mr. Asif Hussain, Adv.

Ms. Sujata Chowdhury, Adv.

The Court: This is an application filed under Section 29A of the Arbitration and Conciliation Act, 1996. It is submitted on behalf of the petitioner that the Arbitrator has been unable to conclude the arbitral proceedings and the mandate of the Arbitrator to make publish an award be extended.

By an order dated 20 December, 2021, a Co-ordinate Bench had appointed an Arbitrator to adjudicate upon the disputes and differences between the parties. Diverse sittings have been held from time to time. It is contended that the Arbitrator has been unable to conclude the proceeding for unavoidable reasons beyond his control. On behalf of the respondents it is submitted that the petitioner has taken repeated opportunities and is procrastinating the proceedings.

Nevertheless, the respondent does not object to an extension for the Arbitral Tribunal to conclude the arbitral proceedings. I have considered the averments in this application and I am satisfied that there are sufficient reasons and good cause as to why the Arbitral

Tribunal could not conclude the proceedings within the stipulated time period.

In such circumstances, the mandate of the Arbitral Tribunal stands extended by a further period of three months from date. It is made clear that the aforesaid extension is peremptory in nature and no further extension would be granted.

The Arbitrator is also requested not to grant any unnecessary adjournment to either of the parties.

With the aforesaid directions, AP/61/2024 stands disposed of. (RAVI KRISHAN KAPUR, J.) SK.