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2026 DAILYLAW 23666 (CAL)

AMOORITH PIPES AND TUBES PRIVATE LIMITED AND ANR. v. DADU DAYAL COMMOTRADE LIMITED AND ANR.

AP-COM/320/2026 · 2026-06-15

Gaurang Kanth

body2026

Judgment text

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OCD-1 ORDER SHEET IN THE HIGH COURT AT CALCUTTA COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/320/2026 AMOORITH PIPES AND TUBES PRIVATE LIMITED AND ANR. VS DADU DAYAL COMMOTRADE LIMITED AND ANR. BEFORE: The Hon’ble JUSTICE GAURANG KANTH Date : 15th June, 2026. Appearance: Mr. Suryaneel Das, Adv. Mr. Subha Pathak, Adv. Mr. Chiranjit Pal, Adv. …for the petitioner Ms. Sudipa Bhattacharya, Adv. …for respondent no.1 Ms. Akanksha Mukherjee, Adv. Ms. Jyoti Jha, Adv. …for respondent no.2 The Court: Affidavit of service is taken on record. The petitioner has preferred the present petition under Section 29A(4) 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 21.09.2021 had appointed the sole Arbitrator to adjudicate the disputes between the parties. The respondents initially did not participate in the arbitral proceedings and, thus, the matter was proceeded ex parte. The respondents filed an application for recall of the order vide whereby they had been proceeded ex parte. The Tribunal allowed the said application and permitted the respondents to cross-examine the 2 claimant’s witness. Thereafter, the parties by mutual consent extended the mandate of the Tribunal by six months till 08.11.2023. Thereafter, this Court vide orders dated 20.11.2023, 29.04.2024, 07.11.2024 and 24.09.2025 extended the mandate of the arbitral tribunal by six months, six months, one year and six months respectively. It is stated by the learned Counsel for the petitioner that the matter is presently at the stage of final arguments and that the mandate of the arbitral tribunal has expired on 28.04.2026. Learned Counsel for the respondent nos.1 and 2 state that they have no objection to the extension of the mandate of the arbitral tribunal. Upon consideration of the submissions of both 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 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 further for a 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 aforesaid observations, the present petition stands disposed of. (GAURANG KANTH, J.) R.Bhar