Usha Martin Limited v. Al Sifah Minirals Private Limited

ORDER

OCD-16

IN THE HIGH COURT AT CALCUTTA

COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/869/2025 USHA MARTIN LIMITED VS AL SIFAH MINIRALS PRIVATE LIMITED

BEFORE

HON'BLE JUSTICE GAURANG KANTH Date: November 24, 2025.

Appearance:- Mr. Chayan Gupta, Adv.

Mr. S. Kundu, Adv.

...for petitioner.

Mr. Ratul Das, Adv.

Ms. Ranita Jana, 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 02.03.2023, appointed a sole arbitrator to resolve the disputes between the parties. The said order was modified on 25th April, 2023, wherein it was held that instead of the previously appointed arbitrator, namely, Mr. Asish Sikder, Justice Narayan Chandra Sil, a former judge of this Court is appointed as the sole arbitrator to resolve the disputes between the parties.In terms of Section 29A(1), the mandate of the arbitral tribunal expired on 10.11.2024. By mutual consent of the

parties, the mandate was extended for a further period of six months, up to 10.05.2025.

Learned counsel for the parties submit that the arbitral tribunal has conducted 31 hearings and concluded the final hearing. The proceedings are presently at the stage of publication of the award. Learned counsel for the respondent states that he has no objection to the extension of the mandate of the arbitral tribunal. Upon consideration of the submissions of the parties and the materials placed on record, this Court is satisfied that there is no undue or unwarranted delay on the part of the arbitral tribunal in conducting in conducting the proceedings.

Accordingly, the mandate of the arbitral tribunal is hereby extended for a further period of eight months from 10.05.2025. 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 observation, the present petition stands disposed of. (GAURANG KANTH, J.) R. D. Barua