Authority: Supreme Court of India
Order Date: 27-07-2026
Case Overview
- Parties: M/S B PRASAD AND CO. (Petitioner) vs. THE EXECUTIVE ENGINEER (Respondent).
- Proceedings: Petition for Special Leave to Appeal (C) No. 18809/2026 arising from the High Court judgment dated 23-04-2026 in CMJ No. 1178/2025.
- Counsel: Petitioner represented by Mr. Shaurya Sahay, AOR Mr. Aman Jaiswal, Adv. Ms. Sharvi Sharma; Respondent represented by Mr. Uddyam Mukherjee, AOR.
- Key Issue Discussed: Petitioner's counsel clarified that a statement made on 26.05.2026 claiming the arbitration petition under Section 34 of the Arbitration & Conciliation Act, 1996 was dismissed on default was erroneous. The correct fact is that the arbitration petition was restored to the record on 21.11.2025.
- Procedural Requests: Respondent's counsel sought a two‑week extension to file a counter‑affidavit.
Court Orders
1. Acknowledgement of the inadvertent error and correction regarding the status of the arbitration petition.
2. The court granted the respondent’s request for a two‑week period to file a counter‑affidavit.
3. The petitioner is directed to file a rejoinder to the counter‑affidavit within one week of its filing.
4. The matter is listed for further hearing on 01‑09‑2026.
Final Outcome
- Extension of two weeks for filing the counter‑affidavit was approved; a one‑week deadline for the petitioner’s rejoinder was set; next hearing scheduled for 01‑09‑2026.
Topics: Arbitration, Court Proceedings