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Calcutta High CourtAP/192/2025disposed

Ujaas Energy Limited v. West Bengal State Electricity Distribution Company Limited

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

O-9 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP/192/2025 UJAAS ENERGY LIMITED VS WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED

BEFORE:

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

Appearance Mr. Satadeep Bhattacharyya, Adv.

Mr. Uttam Sharma, Adv.

Ms. Virnda Kedia, Adv.

Mr. Ankit Prakash, Adv.

..for the petitioner.

Mr. Sujit Sankar Koley, Adv.

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 conclusion of the arbitral proceedings and publication of the award.

Learned counsel for the petitioner submits that the arbitral tribunal was constituted pursuant to this Court's order dated 01.10.2018, which was subsequently corrected for a typographical error vide order dated 12.10.2018.

The pleadings are completed on 09.11.2019. Upon expiry of the statutory period, the mandate was further extended for a period of six months with the consent of the parties. Thereafter, the petitioner has entered into the Corporate Insolvency Resolution Process (CIRP). Learned counsel for the petitioner states that he had filed an application under section 29A seeking extension of the mandate of the arbitral tribunal.

This Court vide order dated 5th November, extended the mandate of the arbitral tribunal for a period of one year from the date of communication of this order. It is further stated that presently the matter is at the stage of recording of the evidence of the respondent. Under such circumstances, the petitioner seeks for an extension of one year for completion of the proceedings and publication of the award. It is further stated by the learned counsel for the petitioner that there have been more than twenty four sittings conducted by the arbitral tribunal. Learned counsel for the respondent states that he has no objection to the present application.

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 arbitral tribunal to conduct the proceedings. Having regard to the stage of the proceedings and in the interest of justice, the mandate of the learned arbitral tribunal is further extended for a period of eight months from today.

Learned sole arbitrator is requested to make all reasonable endeavours to complete the arbitral proceedings and publish the award within the extended time period.

With the above observations, the present petition being AP/192/2025 is disposed of.

(GAURANG KANTH, J.) Arsad