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2026 DAILYLAW 49910 (CAL)

CIVCON CONSTRUCTION PRIVATE LIMITED v. HINDUSTAN AERONAUTICS LIMITED

AP-COM/858/2026 · 2026-10-14

Gaurang Kanth

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

OCD-7 ORDER SHEET IN THE HIGH COURT AT CALCUTTA COMMERCIAL DIVISION ORIGINAL SIDE AP-COM/858/2026 CIVCON CONSTRUCTION PRIVATE LIMITED VS HINDUSTAN AERONAUTICS LIMITED BEFORE: The Hon’ble JUSTICE GAURANG KANTH Date : 14th October, 2026. Appearance: Mr. Snehashis Sen, Adv. Mr. Abhishek Banerjee, Adv. ..for the petitioner Mr. B. K. Sur, Adv. ..for the respondent The Court: 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 completion of the arbitral proceedings and publication of the arbitral award. Learned Counsel for the petitioner submits that vide order dated 5th January, 2023, this Court appointed a learned sole Arbitrator to adjudicate the disputes between the parties. The pleadings were completed on 8thSeptember, 2023. Thereafter, with the consent of the parties, the mandate of the arbitral tribunal was extended till 8th April, 2025. Subsequently, vide orders dated 1st May, 2025 and 6th January, 2026, this Court extended the mandate of the arbitral tribunal for a period of eight months and six months respectively. 2 Learned Counsel for the respondent states that the arbitral tribunal has held only one sitting in the last six months. The order-sheet of the proceedings shows that they were adjourned sine die because the claimant had failed to pay the learned Arbitrator's fees and the remuneration of the secretarial staff. Having since cleared these dues, the claimant has filed the present petition seeking extension of the tribunal's mandate. Learned Counsel for the parties submit that the arguments have already been concluded and the matter is listed for publication of the Award. Upon consideration of the submissions of the parties and the materials on record, this Court finds that the delay in the proceedings was occasioned solely by the non-payment of these dues, which has now been remedied. In view thereof, the mandate of the learned sole Arbitrator is, accordingly, extended for a period of four months from today. The learned sole Arbitrator is requested to make all reasonable endeavours to publish the arbitral award within the extended time period. With the aforesaid observations, the present petition stands disposed of. (GAURANG KANTH, J.) bp.