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