Authority: Supreme Court of India, Civil Appellate Jurisdiction

Order Date: 23 September 2026

Case Overview

  • Parties: Appellant Varun Gupta and Co.; Respondents Union of India and others.
  • Origin: Appeal against High Court of Karnataka order dated 17‑10‑2025 appointing an arbitrator from CPWD, a department involved in the dispute.
  • Issue: CPWD‑appointed arbitrator was deemed non‑independent per Supreme Court precedents; parties sought an independent arbitrator.
  • Proceedings: Counsel for appellant (Mr. Ganesh Khanna) and Additional Solicitor General for Union (Mr. Anil Kaushik) discussed possibility of an alternative arbitrator; parties jointly agreed to refer all disputes to Major General K. Gajria, ADGTE, Army (Corps of Engineers).

Final Outcome

  • The Supreme Court supersedes the High Court order and appoints Major General K. Gajria, ADGTE, Army (Corps of Engineers), as the sole arbitrator.
  • Parties are directed to contact the appointed arbitrator.
  • Arbitrator’s fees to be fixed according to the Fourth Schedule of the Arbitration and Conciliation Act, 1996.
  • Claim statement and related documents previously filed before the erstwhile arbitrator shall be transferred to the newly appointed arbitrator.
  • The impugned High Court order dated 17‑10‑2025 is set aside.
  • The appeal is disposed of in these terms; any pending applications are also disposed.

Topics: Arbitration, Court Order