Authority: Calcutta High Court, Commercial Division
Order Date: 07 October 2026
Case Overview
- Parties: M/s HRD Builders Pvt. Ltd (petitioner) vs M/s Damodar Valley Corporation (respondent).
- Petition filed under Section 29A of the Arbitration and Conciliation Act, 1996 seeking extension of the arbitral tribunal’s mandate.
- Arbitration Tribunal was constituted with parties’ consent; first procedural order dated 12 Oct 2022.
- Respondent’s nominee arbitrator resigned; Tribunal reconstituted on 27 Mar 2023.
- Pleadings completed on 10 Aug 2023.
- Presiding Arbitrator passed away; Tribunal reconstituted again.
- Mandate extended by six months on 9 Feb 2025 with parties’ consent.
- Court, by order dated 9 Jun 2025, substituted the Presiding Arbitrator and extended mandate by one year.
- Petition seeks further one‑year extension as mandate expired on 26 Jul 2026; respondent opposes, arguing lack of arbitration agreement due to assignment.
- Court rejects objection, noting prior consent, earlier determination of arbitrability, and that Section 29A does not address validity of arbitration agreement.
- Court finds no delay attributable to Tribunal; delays caused by arbitrator resignation and death, constituting sufficient cause.
- Given advanced stage (final arguments), court extends mandate for one year from 26 Jul 2026 and directs Tribunal to render award within that period.
- Court clarifies it does not express opinion on merits; parties’ rights remain open.
Final Outcome
- Mandate of the Arbitral Tribunal extended for one year starting 26 July 2026.
- Tribunal instructed to conclude proceedings and pronounce award within the extended period.
Topics: Arbitration; Court Order