Calcutta High CourtAP/635/2023dismissed as infractuous

M/S. Timbcon v. Kolkata Port Trust And ANR.

2023-09-18Hon'Ble Justice Moushumi Bhattacharya1 pages

OD-17 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP/635/2023 M/S. TIMBCON VS KOLKATA PORT TRUST AND ANR.

BEFORE:

The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA Date : 18th September, 2023.

Appearance:

Mr. Soumen Das Adv.

... for the petitioner.

Mr. Prabal Mukherjee, Sr. Adv.

Mr. Ashok Kr. Jena, Adv.

... for the respondent.

The Court: Nothing remains in the award which is for extension of the Arbitrators mandate after passing of the award on 31st August, 2023 after the award has already been delivered.

There appears to be a controversy on the date of making of the award; both parties say that the award was made after 31st August, 2023 which is the outer limit of the mandate of the Arbitrator but may have been signed within the period of mandate.

Such point can only be taken in the application was setting aside of the award.

AP/635/2023 is accordingly dismissed.

(MOUSHUMI BHATTACHARYA, J.) mg