Authority: Supreme Court of India
Order Date: 14-08-2026
Case Overview
- Parties: Braithwaite Burn and Jessop Construction Company Limited (Petitioner) vs. General Manager South Eastern Railway (Respondent).
- Background: The dispute originated from an application filed by the petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking appointment of an independent arbitrator. The High Court at Calcutta, in AP No. 69/2019 dated 05‑12‑2019, rejected this application.
- Proceedings: The petition for Special Leave to Appeal (C) No. 8221/2020 was heard before Hon'ble Mr. Justice J.B. Pardiwala and Hon'ble Mr. Justice K. Vinod Chandran. Both counsel accepted the Supreme Court’s suggestion to resolve the dispute through arbitration.
- Observations: The Court emphasized the need for an independent arbitrator to adjudicate the matter and directed the parties to cooperate with the appointed arbitrator.
Final Outcome
- The Court appointed Hon'ble Mr. Justice Bhaskar Bhattacharrya, former Chief Justice of the Gujarat High Court, as the independent arbitrator.
- The arbitrator’s fees and other procedural modalities shall be fixed after consultation with the parties.
- Both parties are directed to contact the arbitrator immediately.
- The Registry is instructed to inform Justice Bhaskar Bhattacharrya of this order at the earliest.
- The Special Leave Petition and any pending applications are disposed of.
Topics: Arbitration, Court Order