Authority: High Court at Calcutta, Circuit Bench at Port Blair
Order Date: July 27, 2026
Case Overview
- Parties: Petitioner – M/s RDS Project Limited; Respondents – The Union of India and others.
- Nature of Proceeding: Application under Section 11 of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator for disputes arising from a government tender.
- Contract Details: Tender awarded for “Restoration of damaged breakwater at Hut Bay in Little Andaman,” governed by Agreement No.EEM/LA/DB/Agt-66/200809 dated 24‑11‑2008.
- Key Dispute: Respondents filed an affidavit‑in‑opposition asserting that the claim is barred by limitation. The Court observed that the limitation issue can be addressed by the Arbitral Tribunal.
- Arbitrator Appointment: The Court appointed Shri Debasish Kar Gupta (contact: 9836268252), former Chief Justice of the Calcutta High Court, as Sole Arbitrator to decide all questions, including limitation.
- Procedural Directions: Arbitration to be conducted under the Arbitration and Conciliation Act, 1996 and its Rules; arbitrator’s fees to be governed by the same Act and Rules.
- Order Disposal: The application (AP/3/2026) is disposed of subject to the above appointment.
- Further Instructions: Parties must communicate a copy of this order to the appointed Arbitrator and download a server copy of the order from the official website of the Court.
Final Outcome
- The High Court formally appointed Shri Debasish Kar Gupta as the sole arbitrator, delegating the determination of the limitation bar and all other issues to the arbitral tribunal, and directed the parties to comply with the procedural requirements.
Topics: Arbitration, Infrastructure Contract