Prudent Arc Limited v. Tanmay Engineers And ANR

OCD 11

IN THE HIGH COURT AT CALCUTTA

ORIGINAL SIDE (COMMERCIAL DIVISION) AP-COM/349/2025 PRUDENT ARC LIMITED (PRUDENT TRUST - 58/22) VS TANMAY ENGINEERS & ANR.

BEFORE:

The Hon'ble JUSTICE SHAMPA SARKAR Date : 15th May, 2025 Appearance:

Mr. K.K. Pandey, Adv.

Mr. Paritosh Sinha, Adv.

Mr. Rohit Banerjee, Adv.

Ms. Pooja Sett, Adv.

Ms. Mallika Bothra, Adv.

...for petitioner The Court:- Respondents do not appear despite service. Affidavit of service is taken on record. On the earlier occasion also respondents did not appear.

Under such circumstances, the Court proceeds ex parte. It has been recorded in the order dated May 1, 2025 that, the learned Advocate for the respondents who had appeared before the learned Arbitrator, did not accept service on the ground that he did not have instructions.

This Court finds that part of the cause of action arose within its jurisdiction. The arbitrator was appointed by this Court by an order dated March 16, 2023. It is submitted that the mandate of the learned

Arbitrator expired on 2nd February, 2025. It is submitted that the witness action has started.

Considering the progress made and for the ends of justice, the mandate of the learned Arbitrator is extended by a further period of 8(eight) months from the date of communication of this order, to enable the learned Arbitrator to make and publish his award. (SHAMPA SARKAR, J.) JM/SN.