Gaurav Churiwal v. Concrete Developers Llp And ORS

OCD-12 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

ORIGINAL SIDE (Commercial Division) AP-COM/1020/2025 GAURAV CHURIWAL VS CONCRETE DEVELOPERS LLP AND ORS

BEFORE:

The Hon'ble JUSTICE GAURANG KANTH Date : 6th January, 2026.

Appearance:

Mr. Kumarjit Banerjee, Adv.

Ms. Sanchari Chakraborty, Adv.

Ms. Tanishka Khandelwal, Adv.

Ms. Avishikta Biswas, Adv.

...for the petitioner Mr. Sayantan Bose, Adv.

Mr. Shounak Mukhopadhyay, Adv.

Ms. Priyanka Gope, Adv.

Ms. Manisha Das, Adv.

...for the respondents The Court: The petitioner has preferred the present petition under Section 29(A) 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. This Court vide order dated 07.12.2021 appointed the sole Arbitrator to adjudicate the disputes between the parties. With the consent of the parties, the mandate of the arbitral tribunal was extended by six months upto 12.03.2024. Learned Counsel for the petitioner further states that this

Court vide order dated 08.10.2024, had granted an extension of one year to the arbitral tribunal.

During the subsistence of the mandate, the arbitral tribunal passed an interim award dated 08.03.2024. Thereafter, vide order dated 22.03.2024, the arbitral tribunal appointed an expert auditor to conduct a fresh audit of the financial statements of respondent no.1 for the financial years 2019-20 till 2022-23, with a direction to submit the audit report before the arbitral tribunal.

Pursuant to the directions of this Court, a fresh audit of the financial statements for the aforesaid financial years was conducted, and upon completion, now the audit report was duly submitted before the arbitral tribunal It is further submitted that as many as 36 sittings have been conducted by the arbitral tribunal and the hearing on the audit report is yet to be concluded before the arbitral tribunal. Learned Counsel for the respondent submits that he has no objection to the 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 arbitral proceedings and in the interest of justice, the mandate of the Arbitral Tribunal is extended further for a period of one year from today.

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.) bp.