Ms United Coal Carriers v. Damodar Valley Corporation

ORDER

OCD-4

IN THE HIGH COURT AT CALCUTTA

COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/852/2025 MS UNITED COAL CARRIERS VS DAMODAR VALLEY CORPORATION

BEFORE

HON'BLE JUSTICE GAURANG KANTH Date: November 19, 2025.

Appearance:- Mr. Shubasish Sengupta, Adv.

Mr. Lalit Baid, Adv.

Mr. Akash Munshi, Adv.

Ms. Tamoghna Saha, Adv.

...for petitioner.

Mr. Saurajit Dey, Adv.

Mr. Saptarshi Kar, Adv.

...for respondent.

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

The petitioner had invoked the arbitration clause by a letter dated 05.11.2018, pursuant to which the respondent vide letter dated 07.12.2018 appointed a sole arbitrator. The sole arbitrator by his letter dated 07.12.2018 had consented to the arbitration proceedings. The pleadings before the arbitrator were completed on 17.12.2021. Thereafter this Court, by orders dated 17.05.2024 and 20.11.2024, extended

the mandate of the arbitral tribunal by six months and one year respectively. The recording of the evidence and final arguments have been concluded and only the pronouncement of the award remains.

In these circumstances, the petitioner is seeking further extension of six months for the mandate of the arbitral tribunal to enable the tribunal to publish the award.

Upon consideration of the submissions and the materials placed on record, this Court is satisfied that there has been no undue or unwarranted delay on part of the arbitral tribunal in conducting the proceedings. Learned counsel for the respondent states that he has no objection to the extension of the mandate of the arbitral tribunal. Accordingly the mandate of the tribunal is hereby extended for a further period of three months from today. With the aforesaid observation the present petition is disposed of. (GAURANG KANTH, J.) R. D. Barua