Vicom Security Private Limited v. Uco Bank

OCD-14 ORDER SHEET AP/306/2023

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE (Commercial Division) VICOM SECURITY PRIVATE LIMITED

Versus

UCO BANK

BEFORE:

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

Appearance:

Mr. Ayan Dutta, Adv.

...for the petitioner Mr. Sarbajit Mukherjee, Adv.

...for the respondent The Court: This is an application under Section 29-A(4) of the 1996 Act for extension of the Arbitrator's mandate.

This is the second application made under Section 29-A(4). The first one was made in December, 2021 which was allowed and disposed of by an order of a Co-ordinate Bench dated 14th December, 2021 by which the mandate of the Tribunal was extended till 2nd January, 2023. The parties were represented. It is, therefore, surprising that none of the parties noticed that the mandate of the Arbitrator had come to an end. This fact apparently came to light only on 27th April, 2023 at the 36th hearing when the Tribunal declined to proceed with the matter and the parties were given liberty to take appropriate

steps before the Court. The present application was filed one month later on 22nd June, 2023.

Since the 1996 Act encourages expeditious completion of arbitration and the respondent has not objected to the present application for extension of the Arbitrator's mandate, AP/306/2023 is disposed of by extending the mandate for three months from today.

It is made clear that the parties will not be allowed any further applications under Section 29-A of the 1996 Act. (MOUSHUMI BHATTACHARYA, J.) sg.