Case Details

  • Case name: PASARI MULTI PROJECTS PVT LTD vs AHLUWALIA CONTRACTS (INDIA) LTD.
  • Court/Authority: Supreme Court of India, Civil Appeal No. _____ of 2026 (Special Leave Petition (C) No. 17432 of 2026).
  • Order/Case No.: Civil Appeal No. _____ of 2026; originating High Court judgment dated 27-03-2026 in CO No. 1765/2021.
  • Date of Order: 22 May 2026.
  • Period of dispute: Disputes originated in 2017 and remained unresolved, leading to the constitution of an Arbitral Tribunal.

Parties Involved

  • Petitioner/Appellant: PASARI MULTI PROJECTS PVT LTD.
  • Respondent: AHLUWALIA CONTRACTS (INDIA) LTD.
  • Counsel for Appellant: Senior Counsel Nakul Dewan, along with Adv. Ashok Kumar Jain, Adv. Pankaj Jain, Adv. Abhishek Dutta, Adv. Meenakshi Jain, Adv. Bijoy Kumar Jain, and AOR.
  • Counsel for Respondent: Senior Counsel Gagan Gupta, along with Adv. Mritunjya Singh, Adv. Sonia Dube, and other counsel members.
  • Arbitrator Appointed: Justice Sahidullah Munshi, former Judge of the High Court of Calcutta, to conduct sole arbitration.

Issues / Allegations / Violations

  • The core issue concerned the substitution of the arbitrator in an ongoing arbitration that had been inconclusive since its inception in 2017.
  • Both parties sought the appointment of a new arbitrator to enable conclusive and expeditious resolution of the dispute.

Findings & Observations

  • The Supreme Court accepted the parties' request and set aside the High Court’s judgment and order regarding the arbitrator substitution.
  • The Court directed that the disputes be referred to sole arbitration under Justice Sahidullah Munshi.

Penalties / Settlements / Directions

  • Directions:
  • Justice Sahidullah Munshi shall conduct the sole arbitration under the Arbitration and Conciliation Act, 1996.
  • The terms and conditions of the arbitral proceedings shall be decided by the appointed Arbitrator in consultation with the counsels.
  • The Arbitrator shall commence the proceedings from the stage at which they were left in the previous proceedings.
  • All questions of law and fact are kept open for the parties to raise and contest before the Arbitral Tribunal.

Corrective Actions & Future Obligations

  • Parties are required to cooperate with the appointed Arbitrator and pursue the resolution of their disputes through the newly constituted sole arbitration.
  • The Arbitrator may determine procedural aspects in consultation with the parties’ counsel.

Final Ruling & Enforcement

  • The civil appeal is disposed of in terms of the signed order.
  • Any pending interlocutory applications, if any, are also disposed of.
  • The order is signed by Justices Pamidighantam Sri Narasimha and Alok Aradhe, and the case is closed as of 22 May 2026.