Bhagwati Oxygen Limited v. Hindustan Copper Limited

OCD-9 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

ORIGINAL SIDE (Commercial Division) AP-COM/381/2026 BHAGWATI OXYGEN LIMITED VS HINDUSTAN COPPER LIMITED

BEFORE:

The Hon'ble JUSTICE GAURANG KANTH Date : 22nd May, 2026.

Appearance:

Mr. Paritosh Sinha, Adv.

Ms. Shrayashee Das, Adv.

Mr. Tridibesh Dasgupta, Adv.

...for the petitioner Mr. Y. Bhattacharyya, Adv.

..for the respondent The Court: The petitioner has filed 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 submits that this Court vide order dated 22.12.2022 had appointed a sole arbitrator to adjudicate the disputes between the parties.

With the consent of the parties the mandate of the arbitral tribunal was extended for a period of six months till 18.11.2024. Thereafter, this Court vide order dated 18.11.2024 and 25.11.2025 extended the mandate of the arbitral tribunal for one year and six months respectively.

Learned Counsel for the petitioner submits that the mandate is expiring on 25.05.2026. She further states that the matter is presently at the stage of final arguments.

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 and unwarranted delay on the part of the learned sole arbitrator in concluding the proceedings.

Having regard to the advanced stage of the proceedings and in the interest of justice, the mandate of the arbitral tribunal is extended further for a period of four months from 25.05.2026.

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 observations, the present petition stands disposed of.

(GAURANG KANTH, J.) S. A.

AR (CR)