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2026 DAILYLAW 27686 (CAL)

ROHAN BUILDERS (INDIA) PRIVATE LIMITED v. BERGER PAINTS INDIA LIMITED

AP-COM/527/2026 · 2026-07-10

Gaurang Kanth

Civil Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

OCD- 11 ORDER SHEET IN THE HIGH COURT AT CALCUTTA COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/527/2026 ROHAN BUILDERS (INDIA) PRIVATE LIMITED VS BERGER PAINTS INDIA LIMITED BEFORE: The Hon’ble JUSTICE GAURANG KANTH Date : 10th July, 2026. Appearance: Mr. Chayan Gupta, Adv. Mr. Sarosij Dasgupta, Adv. Mr. Ramanuj Ray Chowdhuri, Adv. S. Mitra, Adv. …for petitioner. Mr. Debraj Sahu, Adv. Mr. Soham Sen, Adv. Mr. Debdatta Mukhopadhyay, Adv. …for respondent. 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 28.02.2024 had appointed a sole Arbitrator to adjudicate the disputes between the parties. The pleadings were completed on 07.03.2022. After the expiry of one year from the date of completion of pleadings, the respondent refused to extend the mandate of the tribunal. Hence the petitioner approached this Court, however, the said petition was dismissed. The petitioner challenged the said order before the Hon’ble Supreme Court and vide order dated 12.09.2024 in the SLP, the Hon’ble 2 Supreme Court allowed Civil appeal No.23320 of 2023. In the said proceedings, the Hon’ble Supreme Court extended the mandate till 31.05.2025 and directed the parties to approach this Court for any further extension, if required. Thereafter, this Court vide order dated 21.07.2025 extended the mandate by one year. Learned counsel for the parties state that the matter is presently at the stage of evidence. Learned Counsel for the respondent states 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 proceedings and in the interest of justice, the mandate of the learned sole arbitrator is extended for a further 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 arbitral award within the extended time period. With the aforesaid directions, the present petition stands disposed of. (GAURANG KANTH, J.) R.D. Barua