Authority: Supreme Court of India (Civil Appellate Jurisdiction)

Order Date: 03 September 2026

Case Overview

  • Petitioners: Hariom Projects Pvt. Ltd.; Respondents: Military Engineer Services & Anr.
  • Appeals filed under Special Leave Petition (Civil) challenging a High Court order dated 08‑08‑2025 that appointed Mr. B. Poyaamozhi as sole arbitrator for multiple disputes.
  • Petitioners invoked Section 11 of the Arbitration and Conciliation Act, 1996, seeking neutral arbitrators for three distinct contracts concerning works in Daman, Karwar (Karnataka), and Mumbai.
  • The Court heard counsel for both parties; parties jointly agreed that each dispute should be heard by a separate arbitrator drawn from the Bombay High Court panel.

Final Outcome

  • Delay in filing condoned; leave granted.
  • The High Court order appointing a sole arbitrator is set aside.
  • Three arbitrators appointed with parties’ consent:

1. Justice R.D. Dhanuka, former Chief Justice, High Court of Bombay – for the Daman contract (Agreement No. CENM‑14 of 2016‑17, Provision of Deficient Married Accommodation Phase‑II at ICGAS Daman).

2. Justice R.Y. Ganoo, former Judge, High Court of Bombay – for the Karwar contract (Agreement No. CENM‑30 of 2014‑15, Construction of School Building etc. at KV Project, Seabird, Karwar, Karnataka).

3. Mrs. Sayali Tejesh Dande, former Civil Judge (Senior Division), Bombay – for the Mumbai contract (Agreement No. CENM‑73 of 2013‑14, Provision of 48 deficient MD Type‑II accommodation for Naval Dockyard Civilians at NCHC Ulhasnagar, Mumbai).

  • The appointed arbitrators may fix the venue of arbitration proceedings with the consent of the parties.
  • All civil appeals are disposed of in terms of the signed order; any pending interlocutory applications, if any, are also disposed of.

Topics: Arbitration, Court Order