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Calcutta High CourtAP/632/2023disposed

A2z Infra Engineering Limited (Formerly Known As A2z Maintenance And Engineering Services Limited) v. West Bengal State Electricity Distribution Company Limited

2023-09-05Hon'Ble Justice Moushumi Bhattacharya3 pages

OCD-19 to 25 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE (Commercial Division) AP/628/2023 A2Z INFRA ENGINEERTING LIMITED (FORMERLY KNOWN AS A2Z MAINTENANCE AND ENGINEERING SERVICES LIMITED)

Versus

WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED And AP/629/2023 A2Z INFRA ENGINEERTING LIMITED (FORMERLY KNOWN AS A2Z MAINTENANCE AND ENGINEERING SERVICES LIMITED)

Versus

WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED And AP/630/2023 A2Z INFRA ENGINEERTING LIMITED (FORMERLY KNOWN AS A2Z MAINTENANCE AND ENGINEERING SERVICES LIMITED)

Versus

WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED And AP/631/2023 A2Z INFRA ENGINEERTING LIMITED (FORMERLY KNOWN AS A2Z MAINTENANCE AND ENGINEERING SERVICES LIMITED)

Versus

WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED

And AP/632/2023 A2Z INFRA ENGINEERTING LIMITED (FORMERLY KNOWN AS A2Z MAINTENANCE AND ENGINEERING SERVICES LIMITED)

Versus

WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED And AP/633/2023 A2Z INFRA ENGINEERTING LIMITED (FORMERLY KNOWN AS A2Z MAINTENANCE AND ENGINEERING SERVICES LIMITED)

Versus

WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED And AP/634/2023 A2Z INFRA ENGINEERTING LIMITED (FORMERLY KNOWN AS A2Z MAINTENANCE AND ENGINEERING SERVICES LIMITED)

Versus

WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED And

BEFORE:

The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA Date : 5th September, 2023.

Appearance:

Ms. Hashnuhana Chakraborty, Adv.

Mr. Suvodeep Chakraborty, Adv.

Ms. Ahana Bhattacharyya, Adv.

...for the petitioner Mr. Sujit Sankar Koley, Adv.

...for the respondent The Court: The dates presented to the Court by learned counsel appearing for the parties show that the mandate of the Arbitral Tribunal ended

on and from 1st September, 2023. The parties took advantage of the orders passed by the Supreme Court in the suo motu writ petition in the wake of the pandemic and calculated the timeframes under Section 29-A(1) and (3) on and from 1st March, 2022. The present application was filed on 30th August, 2023, which is one day before the mandate ended.

Learned counsel appearing for the petitioner submits that the issue involves voluminous documents and the petitioner has accordingly prayed for extension of 18 months.

Counsel submits that the evidence has started. There also appears to be a counter-claim filed by the respondent before the Court which is earlier respondent in the arbitration.

Considering all the relevant circumstances, this Court is of the view that since this is the first application for extension of the mandate and the application has been filed during the subsistence of the mandate, AP/628/2023, AP/629/2023, AP/630/2023, AP/631/2023, AP/632/2023, AP/633/2023 and AP/634/2023 are accordingly allowed and disposed of by extending the mandate for a period of eight months from 31st August, 2023. (MOUSHUMI BHATTACHARYA, J.) sg.