Inderjit Malhotra And ORS v. Kamal Kumar Jindal

OCD-9 ORDER SHEET AP-COM/14/2023

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE (Commercial Division) INDERJIT MALHOTRA AND ORS VS KAMAL KUMAR JINDAL

BEFORE:

The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA Date : 19th December, 2023.

Appearance:

Mr. Rupak Ghosh, Adv.

Mr. Debangshu Dinda, Adv.

...for the petitioners Mr. Arjun Mookerjee, Adv.

...for the respondent The Court: This is an application for extension of the mandate of the learned Arbitrator under Section 29-A(4) of the 1996 Act. The petitioners' supplementary affidavit, filed in Court today, encloses a Minute dated 3rd October, 2023 where the learned Arbitrator has recorded the fact of consent given by the respondent (also respondent in the arbitration) commencing from 14th June, 2023 and ending on 13th December, 2023. The Minutes further record that the mandate will expire on 13th December, 2023. Learned counsel appearing for the respondent submits that the Minutes does not record the dates on which the parties completed their pleadings under Section 29-A(1) of the Act. This Court is, however, of the view that those

particulars are not required since the fact of consent being given by the respondent is clearly mentioned in the said Minutes together with the relevant dates.

The Court is informed that the cross-examination of the respondent's witness has recently commenced.

AP-COM/14/2023 is, accordingly, allowed and disposed of by extending the mandate for a period of four months from 13th December, 2023. (MOUSHUMI BHATTACHARYA, J.) kc.