SREI EQUIPMENT FINANCE LIMITED v. KISHOR HIMMATLAL AGARWAL AND ANOTHER
AP-COM/147/2026 · 2026-02-27
Gaurang Kanth
body2026
DailyLaw.ai
[ 2026 DAILYLAW 3326 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3326 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
ORDER
OCD - 3 IN THE HIGH COURT AT CALCUTTA COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/147/2026 SREI EQUIPMENT FINANCE LIMITED VS KISHOR HIMMATLAL AGARWAL AND ANOTHER
BEFORE HON'BLE JUSTICE GAURANG KANTH Date: February 27, 2026. Appearance:- Mr. Swatarup Banerjee, Adv. Mr. Sariful Haque, Adv. Mr. Rajib Mullick, Adv. Mr. Biswaroop Ghosh, Adv. …for petitioner.
The Court:- Affidavit of service is taken on record. Despite service, none appears for the respondents. The petitioner has 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.
Learned counsel for the petitioner submits that this Court vide order dated 12.10.2023 had appointed a learned arbitrator to adjudicate the disputes between the parties. The pleadings were completed on 26.09.2024. He further submits that the mandate of the arbitral tribunal expired on 25.09.2025. The respondents refused to give consent to the extension of the mandate of the arbitral tribunal. After completion of the pleadings, the respondents filed an application under Section 16 of the Arbitration and Conciliation Act, 1996.
2
After conducting extensive hearing, the tribunal is required to pass an order on the said application. He further submits that the tribunal has conducted more than 16 sittings and that an order is now required to be passed on the application filed by the respondents under Section 16 of the Arbitration and Conciliation Act, 1996. Upon consideration of 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 eight 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 above directions, the present petition stands disposed of.
(GAURANG KANTH, J.) R. D. Barua