M/S Ops Associates Vs Garrison Engineer — Arbitration | Calcutta HC (2026)

M/S Ops Associates Vs Garrison Engineer — Arbitration | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Appointment of Ms. Anjili Nag, learned Senior Advocate, as Sole Arbitrator to adjudicate the disputes and differences between the parties; arbitration to be conducted under the Arbitration and Conciliation Act; arbitrator to fix venue and her fees in consultation with the parties in accordance with (2024) 4 SCC 481 (ONGC vs. Afcons Gunanusa JV); venue charges, secretarial assistance charges, incidental expenses and arbitrator's fees to be shared equally by the parties.

Issue for consideration

Whether the disputes and differences arising under CA No. GE/B'GUNJ/PB/40 of 2023-24 are live and referable to arbitration. +1 more

Court's answer

The claim is prima facie live and not a long-barred claim; the arbitration agreement has been invoked and the respondents failed to proceed with the arbitration.

Ratio / Principle

The arbitration agreement between the parties subsists, but the mechanism providing for appointment of an arbitrator (Sole Arbitrator under Condition 70 of the GCC) stands eliminated in view of the amendment to the Arbitration and Conciliation Act, 1996, followed by several Supreme Court judgments starting from TRF Limited.

Key takeaways

By consent of the parties, Ms. Anjili Nag, learned Senior Advocate, is appointed as Sole Arbitrator to enter into the reference and adjudicate the disputes and differences between the parties.ratio¶18
The arbitrator may fix the venue of sitting and her fees in consultation with the parties in accordance with (2024) 4 SCC 481 (ONGC vs. Afcons Gunanusa JV); venue charges, secretarial assistance charges, other incidental expenses and the arbitrator's fees shall be equally shared by the parties.ratio¶21

Detailed headnote1 paragraphs

Arbitration petition (AP/12/2025) — disputes under CA No. GE/B'GUNJ/PB/40 of 2023-24 (training shed and ring main HDPE pipe works, Port Blair) held live and not long-barred; arbitration agreement invoked but respondents failed to proceed; GCC Condition 70 sole-arbitrator appointment mechanism held eliminated in view of amendment to the Arbitration and Conciliation Act, 1996 and Supreme Court rulings starting with TRF Ltd. v. Energo Engineering Projects Ltd., (2017) 8 SCC 377; by consent Ms. Anjili Nag, learned Senior Advocate, appointed Sole Arbitrator; venue and fees to be fixed in consultation with parties per (2024) 4 SCC 481 (ONGC v. Afcons Gunanusa JV); venue charges, secretarial assistance, incidental expenses and arbitrator's fees shared equally; petition disposed of.

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IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ]

AP/12/2025

M/s OPS Associates

Vs.

Garrison Engineer

Mr. Mohammed Tabraiz …for the petitioner

Mr. V.D. Sivabalan … for the respondent

January 7, 2026 [SR] Item No.10

The petitioner was awarded the work under CA No. GE/ B’GUNJ/PB/40 of 2023-24 for provision of training shed at infantry battalion umber one and provision of ring main HDPE pipe at MAP PH-II (Sinhagad Enclave) under GE Brichgunj, Port Blair.

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

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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/12/2025 is accordingly disposed of.

( Arindam Mukherjee, J. )