Fairland Development India Limited And ORS. v. Soumita Construction Private Limited

O-8 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP/191/2025 FAIRLAND DEVELOPMENT INDIA LIMITED AND ORS.

VS SOUMITA CONSTRUCTION PRIVATE LIMITED

BEFORE:

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

Appearance Mr. Dwaipayan Basu Mullick, Adv.

Mr. Saunavo Basu, Adv.

..for the petitioner.

Mr. Sarosij Dasgupta, Adv.

Mr. Soumyajit Mishra, Adv.

..for the respondent.

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

Learned senior counsel for the petitioner submits that this Court vide order dated 09th July, 2018, had appointed the sole arbitrator to adjudicate the disputes between the parties. With the consent of the parties, mandate of the arbitral tribunal was extended for a period of six months till 10th January, 2019. The mandate expired on 27.7.2022. Thereafter, on the application of the petition under section 15 of Arbitration and Conciliation Act, 1996, this Court vide order dated 12.12.2023 substituted the arbitrator. Pleadings are completed by 08.04.2024. With the consent of the parties, the mandate of the arbitral tribunal was further extended till 08.10.2025

Learned counsel for the petitioner submits an amendment application has been filed by the respondents, which is presently pending adjudication before the learned arbitrator.

The petitioner seeks an extension of the mandate by 12 months. It is further submitted by the learned counsel for the petitioner that there have been 11 sittings and that the amendment application is now pending consideration before the learned sole arbitrator. Learned counsel for the respondent states that he has no objection to the present petition. 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 in conducting the proceedings. Having regard to the advanced stage of the proceedings and in the interest of justice, the mandate of the arbitral tribunal is extended for a further period of six months from today.

Learned sole arbitrator is requested to ensure that the arbitral proceedings are concluded and the award is published within the extended time period.

With the above observations, the present application being AP/191/2025 is disposed of.

(GAURANG KANTH, J.) Arsad