Prasur Electrical And Engineer Company v. Garrison Engineer

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** AP/9/2025 Prasur Electrical and Engineer Company Vs.

Garrison Engineer Mr. Mohammed Tabraiz ...for the petitioner Mr. V.D. Sivabalan ... for the respondent January 7, 2026 [SR] Item No.7 The petitioner was awarded the work under CA No. GE(I) 866 EWS/24 of 2023-24 for special repair/replacement of Ceiling fans against BER and provisions of LT underground cabal and connected work for 151 SQN Substation at AF STN Car Nicobar.

After hearing the parties, it appears that the disputes and differences have arisen in connection with the aforesaid contract awarded to the petitioner which are live in nature. The contract provides for resolution of disputes through arbitration. The General Conditions Contract (in short GCC) has been made a part of the agreement for the work allotted to the petitioner. Condition 70 of GCC provides for resolution of disputes through a Sole Arbitrator.

The arbitration agreement between the parties are in subsistence but the mechanism which provides for appointment of an arbitrator has stood eliminated in view of the amendment in the Arbitration and Conciliation Act, 1996 followed by several

Supreme Court's judgments starting from TRF Limited -vsEnergo Engineering Projects Limited (2017) 8 SCC 377. The claim, prima facie appears to be live and not a long barred claim. The arbitration agreement has been invoked and there has been failure on the part of the respondents in proceeding with the arbitration.

In the aforesaid facts and circumstances and by consent of the parties, Ms. Anjili Nag, learned Senior Advocate is appointed as a Sole Arbitrator to enter into the reference and adjudicate the disputes and differences between the parties. The arbitration proceeding shall be conducted in accordance with the Arbitration and Conciliation Act, 1966. The learned Arbitrator so appointed shall be entitled to fix the venue of the sitting in consultation with the parties. The learned Arbitrator shall also be entitled to fix her fees in consultation with the parties in accordance with the ratio laid down in the judgment of the Hon'ble Supreme Court reported in (2024) 4 SCC 481 (Oil and Natural Gas Corporation Limited vs. Afcons Gunanusa JV).

The venue charges, the secretarial assistance charges to the learned Arbitrator and other incidental expenses along with the fees of the Arbitrator shall be equally shared by the parties. AP/9/2025 is accordingly disposed of.

( Arindam Mukherjee, J. )