Radha Raman Mondal And ORS v. Nilkanta Himghar Private Limited , A Private Limited Company And ORS

OCD-13 ORDER SHEET AP/386/2023

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE (Commercial Division) RADHA RAMAN MONDAL AND ORS.

Versus

NILKANTA HIMGHAR PRIVATE LIMITED, A PRIVATE LIMITED COMPANY AND ORS.

BEFORE:

The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA Date : 21st June, 2023.

Appearance:

Mr. Suddhasatva Banerjee, Adv.

Mr. Chayan Gupta, Adv.

Mr. S. Adak, Adv.

Ms. A. Dey, Adv.

Mr. Manabendra Thakur, Adv.

Mr. Partha Sarathi Das, Adv.

The Court: This is an application for extending the mandate of the Arbitral Tribunal.

Learned counsel appearing for the petitioner (claimant in the arbitration) submits that the six months under Section 29-A(3) expired on 31st May, 2023. The present application was made on 12th June, 2023.

Section 29-A(4) contemplates that the mandate can be extended by the Court either before or after expiry of the period specified in 29-A(1) or 29A(3). It is submitted that evidence has been completed and parties will now make their respective arguments.

Since the reference was entered upon in 2019, the mandate of the Ld. Arbitrator is extended for four months from the date of communication of this order on the Ld. Arbitrator.

AP/386/2023 is allowed and disposed of on the above basis. (MOUSHUMI BHATTACHARYA, J.) sg.