Smt Bharati Ojha v. Simplex Infrastructures Limited

ORDER

OC-25

IN THE HIGH COURT AT CALCUTTA

COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/770/2025 SMT BHARATI OJHA VS SIMPLEX INFRASTRUCTURES LIMITED

BEFORE

HON'BLE JUSTICE GAURANG KANTH Date: November 04, 2025.

Appearance:- Mr. Bikash Shaw, Adv.

Sk. S. Islam, Adv.

...for petitioner.

Mr. Aurin Chakraborty, Adv.

Mr. Abhishek Banerjee, Adv.

Ms. Debasmita Nandi, Adv.

...for respondent.

The Court:- The petitioner has filed the present application under Section 29A of the Arbitration and Conciliation Act, 1996, seeking extension of the time period for conclusion of the arbitral proceedings and publication of the award.

Learned counsel for the petitioner states that this Court vide order dated 12.09.2023 had appointed a sole arbitrator to adjudicate the dispute between the parties. Pleadings were completed on 24.02.2024. With the consent of both the parties, mandate of the arbitration proceeding was extended for a

period of six months. Extension was granted. The mandate of the learned sole arbitrator is due to expire on 23.08.2025. It is submitted by the learned counsel for the petitioner that the proceedings are at the stage of evidence, and therefore, learned counsel for the petitioner prays for extension for a period of one year to conclude arbitral proceedings and publication of the award.

Learned counsel for the respondent has taken a technical objection that the present application is not maintainable since it is sworn before a Notary Public and not before the Oath Commissioner. Be that as it may, apart from the technical objection, the learned counsel for the respondent, in principle, does not object to the extension of time period. Considering the fact that the matter is at the stage of evidence and there are two arbitration proceedings, this Court deems it appropriate to extent the timeline for conclusion of the arbitration proceeding and publication of the award for a further period of one year from the date of expiry of the existing mandate. The learned arbitrator is requested to conclude the proceedings and publish the award within the extended timeframe. With the aforesaid observation and direction, the present application is disposed of.

(GAURANG KANTH, J.) R. D. Barua