Subham Enterprise v. Indian Institute Of Technologies Kharagpur And ORS

OCD-10 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE (Commercial Division) AP-COM/825/2025 SUBHAM ENTERPRISE

Versus

INDIAN INSTITUTE OF TECHNOLOGIES KHARAGPUR AND ORS

BEFORE:

The Hon'ble JUSTICE GAURANG KANTH Date : 11th November, 2025.

Appearance Mr. Subhabrata Datta, Adv.

Mr. Aranya Saha, Adv.

...for the petitioner Mr. Avinash Kankani, Adv.

Mr. Shounak Mondal, Adv.

...for the respondent The Court: This is an application filed by the petitioner under Section 29A of the Arbitration and Conciliation Act, 1996, seeking extension of time for concluding the arbitral proceedings and publication of the award. Learned Counsel for the petitioner submits that this Court vide order dated 04.01.2024 appointed a sole Arbitrator for adjudication of the disputes between the parties. The parties by mutual consent extended the mandate of the arbitral tribunal by a period of six months on 31.07.2025 and the said mandate has expired on 09.11.2025. Learned Counsel for both parties submit that the matter is presently at the stage of recording evidence. In view thereof, the petitioner prays for an extension of the mandate of the arbitral tribunal.

Learned Counsel for the respondent states that he has no objection to the present application.

The record reflects that more than 38 hearings have been held and the arbitral tribunal is presently engaged in the process of recording of evidence. Upon considering the submissions of the learned counsel for the parties and the materials placed on record, this Court is satisfied that there has been no undue or unwarranted delay on the part of the learned sole Arbitrator in conducting the proceedings.

Accordingly, the mandate of the arbitral tribunal is extended for a further period of one year from today.

Learned Sole Arbitrator is requested to ensure that the arbitral proceedings are concluded and the award is published within the time extended by this Court.

With the aforesaid observation, the present arbitration petition is disposed of.

(GAURANG KANTH, J.) R.Bhar