Gpt-Smc (Jv) v. The Kolkata Municipal Corporation

ORDER

OC-7

IN THE HIGH COURT AT CALCUTTA

COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/915/2025 GPT-SMC (JV) VS THE KOLKATA MUNICIPAL CORPORATION

BEFORE

HON'BLE JUSTICE GAURANG KANTH Date: January 05, 2026.

Appearance:- Mr. Debangshu Dinda, Adv.

Mr. Arnab Kumar Ghosh, Adv.

...for petitioner.

Mr. Sakya Sen, Adv.

Mr. Swapan Kr. Debnath, Adv.

...for respondent.

The Court:-Affidavit of service is taken on record. 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 completion of the arbitral proceedings and the publication of the award.

Learned counsel for the petitioner submits that this Court vide order dated 02.02.2018 appointed Hon'ble Mr. Justice Indrajit Chatterjee (Retired) as the sole arbitrator to adjudicate dispute between the parties. The arbitration proceedings continued until 28.06.2022, when the learned arbitrator intimated the parties that, owing to his illness, he was withdrawing from the arbitration proceedings. Subsequently, vide order dated 26thSeptember, 2022 Hon'ble Justice Shaidullah Munshi (Retired) was

appointed as the sole arbitrator. This Court vide order dated 23.09.2019 has extended the mandate of the tribunal till 30.09.2020. Thereafter, vide orders dated 24.09.2024 and 03.03.2025 the mandate has further been extended for a period of six and eight months respectively. It is submitted by the learned counsel for the parties that the arguments have already been concluded and the matter has been reserved for publication of the arbitral award.

Upon consideration of the materials on record, this Court is satisfied that there has been no undue and unwarranted delay on the part of the learned sole arbitrator to conclude the proceedings. Having regard to the advanced stage of the arbitral proceedings and in the interest of justice, the mandate of the arbitral tribunal is further extended for a period of three months. The learned sole arbitrator is requested to make all reasonable endeavours to conclude the arbitral proceedings and publish the award within the extended time period.

With the aforesaid observations, the present application stands disposed of.

(GAURANG KANTH, J.) R. D. Barua