Authority: Calcutta High Court, Civil Revisional Jurisdiction, Appellate Side (Justice Hiranmay Bhattacharyya)

Order Date: 01.10.2026

Case Overview

  • Parties: Petitioners – Tribeni Construction Ltd (advocates Shuvasish Sengupta, Sourajit Dasgupta, Soumyajit Mishra, Utsa Podder); Respondent – Damodar Valley Corporation (Senior Advocate Sabyasachi Chowdhury and counsel).
  • Background: Dispute arose from a construction contract for Integrated Township (Phase I) at RTPS, Raghunathpur, DVC, Purulia. Arbitration clause invoked; arbitrator appointed under Section 11 of the Arbitration & Conciliation Act, 1996.
  • Section 17 applications: First and second applications filed by petitioner seeking joint measurement; Tribunal ordered joint measurement and appointed joint special officers (Mr Debendra Narayan Chowdhury and DVC‑nominated officer) by order dated 20‑05‑2026, to complete measurement by 30‑06‑2026 and submit report within seven days of completion.
  • Joint Measurement Report dated 28‑07‑2026 was circulated. Petitioner filed third Section 17 application for completion of measurement of incomplete work; Tribunal dismissed this application on 09‑09‑2026.
  • Petitioner's appeal: Under Section 37 of the A&C Act, filed as Misc. Appeal (Com) No. 303 of 2026 before Commercial Court, Alipore, seeking stay and ex‑parte interim injunction. Commercial Court order No. 1 dated 10‑09‑2026 refused the injunction.
  • Civil revision: Petition filed under Article 227 of the Constitution (C.O. 3192 of 2026) challenging the Commercial Court order. Arguments centered on DVC floating a tender without completed joint measurement and on jurisdictional limits of High Court interference.
  • Court observations: High Court noted that the quantity and value of unexecuted balance work are matters for the arbitral tribunal, not for the Joint Special Officers; the officers had been discharged by the tribunal on 09‑09‑2026, leaving no basis for an ex‑parte order without hearing. Cited precedents Durgapur Freight Terminal Pvt. Ltd. v. Titagarh Logistics Infrastructure Pvt. Ltd. (2025) and Ashok Kumar Puri v. S. Suncon Realtors Pvt. Ltd. (2021) confirming narrow scope of interference under Article 227.

Final Outcome

  • The civil revision application (C.O. 3192 of 2026) is dismissed; no order as to costs. Parties may obtain urgent photostat certified copies upon compliance with all required formalities.

Topics: Arbitration, Construction Contract Dispute, Court Order