Techno Electric And Engineering Company Limited v. Bengal Energy Limited

OCD-8 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

ORIGINAL SIDE (Commercial Division) AP-COM/402/2026 TECHNO ELECTRIC AND ENGINEERING COMPANY LIMITED VS BENGAL ENERGY LIMITED

BEFORE:

The Hon'ble JUSTICE GAURANG KANTH Date : 10th June, 2026.

Appearance:

Mr. Ishaan Saha, Adv.

Mr. Orijit Chatterjee, Adv.

Ms. Sabarni Mukherjee, Adv.

Ms. Neha Sinha, Adv.

...for the petitioner Mr. Aasish Choudhury, Adv.

Mrs. Uma Bapree, Adv.

..for the respondent The Court: The petitioner has preferred the present petition under Section 29A(4) 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 13.12.2019 appointed Mr. Malay Kumar Ghosh, Senior Advocate, as the sole arbitrator to adjudicate the disputes between the parties. After conducting few hearings, Mr. Malay Kumar Ghosh, Senior Advocate, by letter dated 19.06.2021 resigned and withdrew from the office of the Arbitrator. Consequently, this Court vide order dated 20.07.2021, appointed Mr. Syama Prosad Sarkar, Advocate, as the substitute arbitrator. However, Mr. Syama Prosad Sarkar passed away on 27.07.2022. This Court again vide order dated 01.09.2022 appointed Mr. Utpal Bose, Senior Advocate, as

the sole Arbitrator. This Court vide orders dated 08.07.2024, 18.11.2024 and 26.11.2025, extended the mandate of the arbitral tribunal by periods of six months, one year and six months respectively. The mandate of the arbitral tribunal expired on 26.05.2026.

Learned Counsel for the petitioner states that the matter is presently at the stage of final hearing and that the learned Arbitrator has already conducted more than 53 sittings.

Learned Counsel for the respondent states that she 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 conducting 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 for a further period of six 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 observations, the present petition stands disposed of.

(GAURANG KANTH, J.) S. A.

AR (CR)