Srei Equipment Finance Limited v. S G Corporation Joint Venture And ORS

ORDER

OCD-9

IN THE HIGH COURT AT CALCUTTA

COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/995/2025 SREI EQUIPMENT FINANCE LIMITED VS S G CORPORATION JOINT VENTURE AND ORS

BEFORE

HON'BLE JUSTICE GAURANG KANTH Date: January 09, 2026.

Appearance:- Mr. Swatarup Banerjee, Adv.

Mr. Sariful Haque, Adv.

Mr. Rajib Mullick, Adv.

Mr. Biswaroop Ghosh, Adv.

...for petitioner.

The Court:- :- The present application has been filed by the petitioner 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 arbitral award. Mr. Banerjee, learned counsel for the petitioner submits that this Court vide order dated 03.10.2024 appointed Hon'ble Justice Md. Nizamuddin (Retired) as a sole arbitrator to adjudicate the disputes between the parties. The statement of claim was filed on 03.12.2024. There was no appearance on behalf of the respondent despite service and the arbitral proceedings accordingly proceeded ex-parte. The mandate of the arbitral tribunal expired on 02.12.2025.

It is further submitted that the arbitral tribunal has held nine sittings and has recorded claimant's evidence. The respondent has remained absent throughout. The matter is presently at the stage of final arguments. In view thereof, the learned counsel for the petitioner prays for 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 has been no undue or unwarranted delay on the part of the learned sole arbitrator in conducting the arbitral proceedings. Having regard to the advanced stage of the proceedings and in the interest of justice, the mandate of the learned sole arbitrator is extended for a further period of six months from today. The learned sole arbitrator is requested to make all reasonable endeavours to conclude the arbitral proceedings and publish the arbitral award within the extended time period.

With the above observations, the present application stands disposed of. (GAURANG KANTH, J.) R. D. Barua