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2026 DAILYLAW 31740 (CAL)

MELLCON ENGINEERS PRIVATE LIMITED AND ANR. v. LINDE INDIA LIMITED

AP-COM/568/2026 · 2026-07-29

Gaurang Kanth

body2026

Judgment text

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OCD- 7 ORDER SHEET IN THE HIGH COURT AT CALCUTTA COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/568/2026 MELLCON ENGINEERS PRIVATE LIMITED AND ANR. VS LINDE INDIA LIMITED BEFORE: The Hon’ble JUSTICE GAURANG KANTH Date : 29th July, 2026. Appearance: Mr. M. M. Ghosh, Adv. Mr. Barnamoy Basak, Adv. …for petitioners. The Court: Affidavit of service is taken on record. Despite service, none appears on behalf of the respondent. The petitioners have preferred the present petition 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 a learned sole arbitrator to adjudicate the disputes between the parties. Pleadings were completed on 06.07.2024. Thereafter, the parties by mutual consent extended the mandate of the arbitral tribunal by six months. Thereafter this Court vide order dated 05.01.2026 extended the mandate of the arbitral tribunal by six months till 04.07.2026. 2 Learned counsel for the petitioner further submits that the matter is presently at the stage of final argument. Upon consideration of the submissions of the petitioners 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 arbitral tribunal is extended for a further 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 directions, the present petition stands disposed of. (GAURANG KANTH, J.) R.D. Barua