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Calcutta High CourtAP-COM/831/2025disposed

Kitply Industries Limited v. Simplex Infrastructures Limited

2025-11-17Hon'Ble Justice Gaurang Kanth2 pages

ORDER

OCD-2

IN THE HIGH COURT AT CALCUTTA

COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/831/2025 KITPLY INDUSTRIES LIMITED VS SIMPLEX INFRASTRUCTURES LIMITED

BEFORE

HON'BLE JUSTICE GAURANG KANTH Date: November 17, 2025.

Appearance:- Mr. B. Shaw, Adv.

...for petitioner.

Mr. Ratul Das, Adv.

Mr. Abhishek Banerjee, Adv.

...for respondent.

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

This Court vide order dated 17th January, 2023, appointed a sole arbitrator to adjudicate disputes between the parties. The pleadings were completed on 07.05.2024. With the consent of the parties the mandate of the arbitral tribunal was extended for a period of six months. The current mandate of the arbitral tribunal has expired on 06.11.2025. The arbitral tribunal has conducted more than twenty seven sittings and the matter is

presently at the stage of final arguments. In view thereof the petitioner is seeking extension of the mandate of the arbitral tribunal. Upon consideration of the submission and the materials on record, this Court is satisfied that there is no undue and unwarranted delay on the part of arbitral tribunal in conducting the proceedings. Learned counsel for the respondent states that he has no objection to the mandate being extended.

Accordingly, this Court extends the mandate of the arbitral tribunal for a further period of six months from today. The arbitral tribunal is requested to ensure that the arbitral proceedings are concluded and the award is published within the extended time period.

With the aforesaid observations, the present petition is disposed of. (GAURANG KANTH, J.) R. D. Barua