Authority: Supreme Court of India
Order Date: 30 September 2026
Case Overview
- Civil Appeal Nos. 3605‑3606 of 2016 filed by Bharat Aluminium Co. Ltd (appellant) against M/s Eng. Projects (I) Ltd & Ors (respondents).
- Heard on 30‑09‑2026 before Hon’ble Mr. Justice Joymalya Bagchi and Hon’ble Mrs. Justice V. Mohana.
- The dispute concerns the validity of an Office Memorandum and the continuation of arbitration that had progressed under former Supreme Court Judge Sanjay Karol.
- An interim award dated 31‑Dec‑2002 is part of the proceedings.
Court Observations & Directions
- The Court records the parties’ agreement to continue the arbitration from the stage reached by Justice Sanjay Karol.
- The arbitrator shall consider whether the interim award of 31‑Dec‑2002 was passed on consent and is binding.
- Parties may raise all issues before the arbitrator in accordance with law.
- The arbitrator must comply with the Arbitration and Conciliation Act, 1996, and may fix his own remuneration and the place of arbitration.
- The appeals and the pending interlocutory application are disposed of.
- The question of law regarding the validity of the Office Memorandum is left open for adjudication in a suitable case.
- The Registry is directed to communicate this order to the learned arbitrator.
Final Outcome
- Arbitration is to proceed from the point it stood under Justice Sanjay Karol, with the arbitrator empowered to assess the 2002 interim award and to determine remuneration and venue, while the Supreme Court dismisses the appeals and keeps the Office Memorandum issue pending for future determination.
Topics: Arbitration, Supreme Court Order