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Calcutta High CourtAP/189/2025disposed

Bairy Manmohara Swami v. The Senion Dividional Commercial Manager Eastern Railway

2025-12-03Hon'Ble Justice Gaurang Kanth2 pages

O-7 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP/189/2025 BAIRY MANMOHARA SWAMI VS THE SENION DIVIDIONAL COMMERCIAL MANAGER EASTERN RAILWAY

BEFORE:

The Hon'ble JUSTICE GAURANG KANTH Date : 3rd December , 2025.

Appearance Mr. Ashif Hossein, Adv.

Mr. Purnasis Bhuniya, Adv.

..for the applicant.

The Court: The petitioner has preferred the present petition under section 29A of the Arbitration and Conciliation Act, 1996, seeking extension of the mandate of the arbitral tribunal to conclude the proceedings and for publication of the award.

Despite service, none appears for the respondent. Learned senior counsel for the petitioner submits that this Court vide order dated 27.07.2023, had appointed the sole arbitrator to take the dispute between the parties. The mandate of arbitral tribunal had expired on 12.02.2025.

However, the respondent failed to give the consent and hence the petitioner approached this Court. This Court vide order dated 10th March, 2025 extended the mandate of the arbitral tribunal by eight months; now the same has expired on 26.11.2025.

Learned counsel for the petitioner states that hearing has been completed and it is listed for publication of the award.

Upon consideration of the entire record, this Court is satisfied that there has been no undue or unwarranted delay on the part of the learned sole arbitrator to conduct the proceedings. The proceedings are at the stage of publication of the award.

Having regard to the advanced stage of the proceedings and in the interest of justice, the mandate of the tribunal is extended for a period of further two months from today for publication of the award. Learned sole arbitrator is requested to make all reasonable endeavours to complete the arbitral proceedings and publish the award within the extended period.

With the above observations, the present petition being AP/189/2025 is disposed of.

(GAURANG KANTH, J.) Arsad