Swarna Technology Private Limited v. Abs Fujitsu General Private Limited

ORDER

OCD - 20

IN THE HIGH COURT AT CALCUTTA

COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/315/2026 [Old No.AP/59/2026] SWARNA TECHNOLOGY PRIVATE LIMITED VS ABS FUJITSU GENERAL PRIVATE LIMITED

BEFORE

HON'BLE JUSTICE GAURANG KANTH Date: May 06, 2026.

Appearance:- Mr. Shakeel Mohammad Akhtar, Adv.

...for petitioner.

Mr. Anubhav Sinha, Adv.

...for respondent.

The Court:- 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 states that this Court vide order dated 21st April, 2023 had appointed Mr. Prithwiraj Sinha as a sole Arbitrator to adjudicate the disputes between the parties. However, due to ill health and on personal grounds the arbitrator is unable to continue to act as Arbitrator. In such circumstances, this Court vide order dated 14th May, 2024, substituted Mrs. Suchismita Ghosh Chatterjee as a sole Arbitrator to adjudicate the disputes between the parties. Learned counsel for the petitioner states that the pleadings were completed on 03.10.2024 and with the consent of the parties,

the mandate of the arbitral tribunal was extended for a period of six months till 02.04.2024. Learned counsel for the petitioner states that the proceedings are presently at the stage of arguments. The learned sole Arbitrator has conducted more than 16 hearings.

Learned Counsel for the respondent states that he has 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 three 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 aforesaid directions, the present petition stands disposed of. (GAURANG KANTH, J.) R. D. Barua