Prakash Chandra Mohanty vs M/S. Bbta-Rcpl (Jv) on 7 January, 2025

Calcutta High Court

Prakash Chandra Mohanty vs M/S. Bbta-Rcpl (Jv) on 7 January, 2025

Author: Shampa Sarkar

Bench: Shampa Sarkar

OCD-21
                              ORDER SHEET

                    IN THE HIGH COURT AT CALCUTTA
                             ORIGINAL SIDE
                         COMMERCIAL DIVISION

                AP-COM/354/2024 (Old No.AP/508/2023)

                      PRAKASH CHANDRA MOHANTY
                                  VS
                          M/S. BBTA-RCPL (JV)


BEFORE:
The Hon'ble JUSTICE SHAMPA SARKAR
Date :7th January, 2025.
                                                                         Appearance:
                                                               Mr.Sanjoy Bose, Adv.
                                                    Mr. Priyankar Basu Mallick, Adv.
                                                        Mr. Sayandeep Chanda, Adv.
                                                                 ...for the petitioner.

                                                          Mr. Swatarup Banerjee, Adv.
                                                               Mr. P. Mukherjee, Adv.
                                                                     Mr. S. Haque, Adv.
                                                                    Mr. S. Biswas, Adv.
                                                               . . . for the respondent.

The Court: AP-COM 354 of 2024 is an application for extension of

the mandate of the learned Arbitrator under Section 29A(4) of the

Arbitration and Conciliation Act, 1996.

It is submitted that the mandate of the learned Arbitrator expired.

The proceedings are in the stage of recording evidence.

Mr. Banerjee, learned Advocate for the respondent submits that

the mandate of the learned Arbitrator should not be extended as not much

progress has been made in the proceedings.

Learned Advocate for the petitioner submits that even if the

progress is not noteworthy, the application cannot be rejected on such
2

ground as this Court has the power to substitute the learned Arbitrator

while extending the mandate.

Under such circumstances and considering the records, this Court

deems it fit to allow the application by appointing Mr. Subir Sanyal, learned

Senior Advocate as the substitute Arbitrator in place and stead of the

erstwhile Arbitrator, to adjudicate the disputes between the parties. This

order is subject to compliance of Section 12 of the Arbitration and

Conciliation Act, 1996.

The learned Arbitrator shall fix his remuneration in terms of the

Schedule of the Act.

It is made clear that the proceedings shall continue from the stage

it was last held.

The parties will be at liberty to pray before the erstwhile learned

Arbitrator for return of all the documents, pleadings, depositions etc. and

file the same before the learned substituted Arbitrator.

AP-COM/354/2024 (Old No.AP/508/2023) is, accordingly,

disposed of.

(SHAMPA SARKAR, J.)

Sb/pa