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2026 DAILYLAW 3347 (CAL)

THE HOOGHLY MILLS COMPANY LIMITED v. ACUMEN (J) MARKETING PRIVATE LIMITED

AP-COM/67/2026 · 2026-01-28

Gaurang Kanth

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

ORDER OCD-15 IN THE HIGH COURT AT CALCUTTA COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/67/2026 THE HOOGHLY MILLS COMPANY LIMITED VS ACUMEN (J) MARKETING PRIVATE LIMITED BEFORE HON'BLE JUSTICE GAURANG KANTH Date: January 28, 2026. Appearance:- Mr. Rajarshi Dutta, Adv. Ms. Mayuri Ghosh, Adv. Ms. Somali Bhattacharya, Adv. Ms. Megha Das, Adv. …for petitioner. Mr. Shuvasish Sengupta, Adv. Mr. Balarko Sen, Adv. Mr. Suvradal Choudhury, Adv. …for respondent. The Court:- 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. This Court, vide order dated 05.02.2021, appointed a learned arbitrator to adjudicate the disputes between the parties. The pleadings in the proceedings were completed on 24.07.2021. Thereafter, by an order dated 17.08.2021, the learned Arbitrator directed that the proceedings arising out of A.P. Nos. 293 to 296 of 2020 shall continue up to the stage of passing of the award, and that the award in the said proceedings shall be pronounced only after the award is declared in A.P. Nos. 110 of 2018 and 150 of 2018. 2 It is further submitted that with the consent of the parties, the mandate of the arbitral tribunal stood extended for a period of six months. Subsequently, on 03.09.2022, the learned Arbitrator passed an order allowing the applications seeking stay of the arbitral proceedings arising out of AP No. 293 of 2020 and AP No. 296 of 2020, pending disposal of AP No. 208 of 2020 and AP No. 209 of 2020. It is further contended that the petitioner challenged the said order before this Court by filing application under Section 37 of the Arbitration and Conciliation Act, 1996. This Court vide order dated 21.01.2025, allowed the said application and vacated the stay imposed on the arbitral proceedings. By the same order dated 21.01.2025, this Court extended the mandate of the arbitral tribunal for a period of 9 months. Learned counsel for the petitioner states that the arbitral proceedings are presently at the stage of arguments. The arbitral tribunal has conducted more than 50 sittings. 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 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 arbitral tribunal is further extended for a period of six months from today. The learned arbitrator is requested to make all reasonable endeavours to 3 conclude the proceedings and publish the award within the extended time period. With the aforesaid directions, the present petition stands disposed of. (GAURANG KANTH, J.) R. D. Barua