M/S Bharat Kolkata Container Terminals Pvt Ltd., v. The Board Of Trustees Of Kolkata Port Trust Now Known As Syama Prasad Mookherjee Port, Kolkata

ODC-46 AP/552/2021

IN THE HIGH COURT AT CALCUTTA

ORIGINAL JURISDICTION ORIGINAL SIDE [COMMERCIAL DIVISION] M/S BHARAT KOLKATA CONTAINER TERMINALS PVT LTD., VS THE BOARD OF TRUSTEES OF KOLKATA PORT TRUST NOW KNOWN AS SYAMA PRASAD MOOKHERJEE PORT, KOLKATA

BEFORE:

The Hon'ble JUSTICE RAVI KRISHAN KAPUR Date : 28th February, 2022.

Appearance:

Mr. Ranjan Bachawat, Sr. Adv.

Mr. K. Thaker, Adv.

Mr. Anurag Bagaria, Adv.

Mr. D. Mehta, Adv.

Mr. Tejas Parekh, Adv.

Mr. Nilay Sengupta, Adv.

The Court : This is an application under Section 29A of the Arbitration and Conciliation Act, 1996. The petitioner seeks extension of the time period for making and publication of an award arising out of a tender dated 25 October, 2013 and a work order dated 20 June, 2014.

It is fairly submitted by both the parties that during the ongoing Pandemic the Arbitral Tribunal was unable to conclude the proceedings. Keeping in mind that the Arbitral Tribunal has progressed to an advance stage, there shall be an order in terms of prayer (a) of the petition.

During the course of submissions it transfers that the parties have also initiated Conciliation proceeding before the Appropriate Authority. Liberty is granted to both the parties to bring this fact to the attention of the Arbitral Tribunal and seek appropriate directions in accordance with law, if so advised.

With the aforesaid directions, AP 552 of 2021 stands disposed of. (RAVI KRISHAN KAPUR, J.) SK.