Seraj Ali Sepai Seraj Sepai v. Gulzar Sepai And ORS

OD-5 ORDER SHEET AP/168/2024

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE SERAJ ALI SEPAI @ SERAJ SEPAI VS GULZAR SEPAI AND ORS.

BEFORE:

The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA Date : 8th October, 2024.

Appearance:

Mr. Rishabh Karnani, Adv.

Ms. Shreya Ghosh Dastidar, Adv.

...for the petitioner Mr. Syed. E. Huda, Adv.

Mr. Syed Julfikar Ali, Adv.

Sk. Aptabuddin, Adv.

...for the respondents The Court: In the present matter, there was a previous extension for six months by the Court. However, since there were talks of settlement between the parties in the interregnum and in view of the nature of disputes involved, the Court is sufficiently satisfied upon hearing learned counsel for the parties that there is justification for the prayer for extension of the mandate.

Learned counsel for the respondents insists that reasons are required to be shown for the delay. However, in view of the above findings, there is no reason as to why the mandate of the Arbitrator should not be extended. Accordingly, AP/168/2024 is allowed, thereby extending the mandate of the Arbitrator for a period of six months from this date.

For all practical purposes, any step taken and/or orders passed by the Arbitral Tribunal between June 13, 2024, when the mandate expired, and this day shall be deemed to stand validated by virtue of the present extension.

In view of no affidavits having been invited, it is deemed that none of the factual allegations made in the application are admitted by the respondents.

(SABYASACHI BHATTACHARYYA, J.) bp/R.Bhar