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Calcutta High Court · body

2025 DAILYLAW 2363 (CAL)

M/S. MELLCON ENGINEERS PRIVATE LIMITED AND ANR. v. M/S. LINDE INDIA LTD. (FORMERLY KNOWN AS BOC INDIA LTD.)

AP/221/2025 · 2026-01-05

Gaurang Kanth

body2025

Judgment text

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O-9 ORDER SHEET IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE AP/221/2025 M/S. MELLCON ENGINEERS PRIVATE LIMITED AND ANR. VS M/S. LINDE INDIA LTD. (FORMERLY KNOWN AS BOC INDIA LTD.) BEFORE: The Hon’ble JUSTICE GAURANG KANTH Date : 5th January, 2026. Appearance: Mr.Debabrata Sen, Adv. Mr. Arun Kumar Das, Adv. …for the petitioners. The Court: Affidavit of service filed in Court today is taken on record. Despite service, none appears for the respondent. The petitioners have preferred the present application 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. This Court vide order dated 23.08.2023 had appointed Mr. Amitesh Banerjee, Senior Advocate as the learned sole arbitrator to adjudicate the disputes between the parties. Learned Advocate for the petitioners states that the pleadings have already been completed. The parties by mutual consent extended the mandate of the arbitral tribunal by a period of six months. The said extended time is due to expire on 5th January, 2026. In view thereof, the 2 petitioners have prayed for extension of the mandate of the arbitral tribunal for a period of six months. Learned Counsel for the Petitioner further submits that the matter is at the stage of final argument. 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. In view thereof, the mandate of the arbitral tribunal is hereby extended for a further period of six months from today. The Arbitral Tribunal is requested to make all endeavours to conclude the arbitral proceedings and publish the arbitral award within the extended time period. With the aforesaid observations, the present application stands disposed of. (GAURANG KANTH, J.) snn/sb