M/S Debendra Bijoy Ghosh v. The Government Of West Bengal And ANR

OCD-16 ORDER SHEET AP/266/2023

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE (Commercial Division) M/S DEBENDRA BIJOY GHOSH

Versus

THE GOVERNMENT OF WEST BENGAL AND ANR

BEFORE:

The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA Date : 12th June, 2023.

Appearance:

Mr. Pratip Mukherjee, Adv.

Mr. Arijit Ghosh, Adv.

Ms. Rima Banerjee, Adv.

...for the petitioner Mr. Paritosh Sinha, Ld. AOR, WB Mr. Arindam Mandal, Adv.

...for the State respondent The Court: This is an application for extending the time limit of the mandate of the Arbitrator under Section 29-A of the 1996 Act. Learned counsel appearing for the petitioner submits that the parties are presently at the stage of arguments and that extensions under Section 29-A(3) has already been availed of by the petitioner. There is no objection taken on behalf of the respondent. The submissions made on behalf of the parties show that the arbitration commenced on January 16, 2018; the last sitting was held in April, 2023 and

the next date is fixed sometime in June, 2023. There is hence every reason to direct that the arbitration be completed within the shortest possible time. Section 29-A(4) allows the Court to extend the mandate of the Arbitrator which shall terminate unless the extension is allowed. AP/266/2023 is, accordingly, allowed and disposed of by extending the mandate of the Arbitrator to pronounce the Award within a period of four months from date.

The learned Arbitrator shall be at liberty to fix timelines for conclusion of arguments made on behalf of the parties.

(MOUSHUMI BHATTACHARYA, J.) R.Bhar