A2z Infra Engineering Ltd v. West Bengal State Electricity Distribution Company Ltd

OCD -32 AP-COM/754/2024

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE (Commercial Division) A2Z INFRA ENGINEERING LTD.

-VERSUSWEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LTD.

BEFORE:

The Hon'ble JUSTICE SHAMPA SARKAR Date: 5th November, 2024 Appearance:

Ms. Hashnuhana Chakraborty, Adv.

Ms. Neelina Chatterjee, Adv.

Ms. Ahana Bhattacharyya, Adv.

...for the Petitioner.

Mr. Sujit Sankar Koley, Adv.

...for the respondent.

The Court: This is an application under Section 29A of the Arbitration and Conciliation Act, 1996. The petitioner prays for extension of time for completion and disposal of the arbitral reference which is pending before the learned arbitral tribunal comprising of three members. As per the dates presented in the application, it appears that the mandate of the last extension granted for completion of the award expired on August 30, 2024.

Both the parties submit that the extension may be made for a substantial period, in view of the fact that voluminous documents are

required to be considered in the proceeding. It is also a fact that the learned arguing counsel for the respondent expired. Considering the submissions of the parties, nature of dispute, voluminous records which the parties have indicated to be a part of the proceedings and the fact that substantial progress has been made with regard to the cross-examination of the claimant's witness, this Court deems it a fit and proper to extend the period for making and publishing the award.

Accordingly, AP-COM/754/2024 is disposed of by extending the time to enable the learned Arbitral Tribunal to make and publish the award by a period of 24 months from date of communication of this order to the learned Tribunal.

All parties are to act on the basis of server copy of this order. (SHAMPA SARKAR, J.) A/s.