Ellenbarrie Industrial Gases Ltd v. Balaji Industrial Gases

ORDER

OCD-10

IN THE HIGH COURT AT CALCUTTA

COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/1013/2025 ELLENBARRIE INDUSTRIAL GASES LTD VS BALAJI INDUSTRIAL GASES

BEFORE

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

Appearance:- Mr. Shaunak Ghosh, Adv.

Mr. Rajib Mullick, Adv.

Ms. Ayantika Saha, 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.

Learned counsel for the petitioner submits that this Court vide order dated 28.02.2024 appointed a sole arbitrator to adjudicate the disputes between the parties. The pleadings were completed on 20.06.2024. With the consent of both the parties, the mandate of the arbitral tribunal was extended by a period of six months. The mandate of the arbitral tribunal expired on 31.12.2025. In view thereof, the petitioner prays for extension of the mandate of the arbitral tribunal. He further states that the arbitral tribunal has held twenty sixth sittings and the matter is presently at the stage of final arguments.

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 arbitral tribunal 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