Prasur Electrical and Engineer Company Vs Garrison Engineer — Arbitration | Calcutta HC (2026)

Prasur Electrical and Engineer Company 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; the arbitrator may fix the venue and her fees in consultation with the parties (fees per (2024) 4 SCC 481); venue charges, secretarial assistance charges, incidental expenses and arbitrator's fees to be shared equally by the parties.

Issue for consideration

Whether a sole arbitrator should be appointed to adjudicate the disputes and differences between the parties arising under the contract CA No.GE(1)866 EWS/32 of 2023-24. +1 more

Court's answer

The contractual mechanism for appointment of an arbitrator (under Condition 70 of the GCC) has stood eliminated in view of the amendment to the Arbitration and Conciliation Act, 1996 and the line of Supreme Court judgments beginning with TRF Limited v. Energo Engineering Projects Limited.

Ratio / Principle

The claim prima facie appears to be live and not a long-barred claim.

Key takeaways

The arbitration agreement has been invoked and there has been failure on the part of the respondents to proceed with the arbitration.ratio¶¶14
By consent of the parties, Ms. Anjili Nag, learned Senior Advocate, is appointed as Sole Arbitrator to enter upon the reference and adjudicate the disputes and differences between the parties.ratio¶¶15
The arbitrator so appointed is entitled to fix the venue of the sitting in consultation with the parties.

Detailed headnote1 paragraphs

Arbitration petition (AP/5/2025, High Court at Calcutta, Circuit Bench at Port Blair, Arindam Mukherjee, J., January 7, 2026) disposed of. Disputes under contract CA No.GE(1)866 EWS/32 of 2023-24 (HT 11 KV underground cable ring main system, AF Station Car Nicobar) held live and not long-barred; arbitration agreement invoked but respondents failed to proceed. The contractual appointment mechanism (Condition 70, GCC – Sole Arbitrator) held eliminated in view of the amendment to the Arbitration and Conciliation Act, 1996 and the Supreme Court line of authority starting with TRF Limited v. Energo Engineering Projects Limited (2017) 8 SCC 377. By consent, Ms. Anjili Nag, learned Senior Advocate, appointed Sole Arbitrator; arbitrator to fix venue and fees in consultation with parties in accordance with Oil and Natural Gas Corporation Limited v. Afcons Gunanusa JV (2024) 4 SCC 481; venue charges, secretarial assistance, incidental expenses and fees to be borne equally by the parties.

1

IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ]

AP/5/2025

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.2

The petitioner was awarded the work under CA No.GE(1)866 EWS/32 of 2023-24 - provision of ring main system of HT 11 KV underground cable from 151 Sub Station to KV Sub Station at AF Station 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.

2

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/5/2025 is accordingly disposed of.

( Arindam Mukherjee, J. )