Authority: High Court at Calcutta, Commercial Division
Order Date: 15 July 2026
Case Overview
- Parties: Hariom Projects Pvt Ltd (petitioner) vs. Military Engineer Services and another respondent.
- Underlying Contract: Work order dated 30 August 2013 for addition and alteration works to technical buildings (PEB) at Air Force OCD‑10 Station, Bagdogra, with a contract value of Rs.5,46,00,000/‑.
- Arbitration Clause: Condition 70 of IAFW‑2249 incorporated the arbitration agreement; parties invoked it by notice dated 10 October 2019 under Section 21 of the Arbitration and Conciliation Act, 1996.
- Consent: Both parties jointly suggested and consented to the appointment of Mr. Arvind Kumar Arora (Retired), DG (Personal), MES as the sole arbitrator.
- Procedural Directions: The sole arbitrator is to make disclosures under Section 12(1) and comply with Section 12(5); remuneration to be fixed per the Fourth Schedule of the Act or as mutually agreed; all questions of arbitrability, admissibility, limitation, jurisdiction, and related issues are left to the arbitrator.
Final Outcome
- The Court appoints Mr. Arvind Kumar Arora (Retired), DG (Personal), MES as the sole arbitrator to adjudicate the disputes.
- The petition stands disposed of with the above directions, and the arbitrator is authorized to decide all pending substantive and procedural matters.
Topics: Arbitration, Construction Contract Dispute