Arb.P./6/2025 of M/S HARIOM PROJECTS PVT. LTD. Vs UNION OF INDIA AND ANR. on 17 October 2025

1. Union of India through The Secretary, Ministry of Defence, South Block, New Delhi-110011.

2. Military Engineering Services through Chief Engineer, Shillong Zone, Spread Eagle Falls, Shillong-793011. … Respondent(s)

Coram:

Hon’ble Mr. Justice H. S. Thangkhiew, Judge Appearance: For the Appellant(s) :

Mr. S. Jindal, Adv.

For the Respondent(s) :

Dr. N. Mozika, DSGI with

Ms. M. Myrchiang, Adv.

_________________________________________________________ i) Whether approved for reporting in

Yes/No

Law journals etc:

ii) Whether approved for publication

Yes/No

in press:

JUDGMENT AND ORDER (ORAL)

1. This application has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act) seeking appointment of an Arbitrator for adjudication of the disputes between the petitioner and the respondents in accordance with the A&C Act, having due regard to Condition 70 of the Contract Agreement No. CESZ/LEI/21 of 2015- 16, dated 2nd March, 2016, executed between the applicant and the respondents.

2. In the course of the proceedings, the learned counsel for the parties have no objections to the name suggested by this Court, to be the sole arbitrator to adjudicate the matter.

3. In the circumstances, this application is finally disposed of by referring the disputes and differences to the sole arbitrator; and hereby orders as follows: - i) Hon’ble Mr. Justice Sanjib Banerjee, retired Chief Justice of the High Court of Meghalaya, is hereby appointed as the

Sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of and in connection with the Agreement referred to above. ii) A copy of this order will be communicated to the learned Sole Arbitrator by the petitioner within a period of 2(two) weeks, from the date of this order, along with contact details and other particulars of the parties to the Arbitral Tribunal alongwith a copy of this order. iii) The learned Sole Arbitrator is requested to forward the Statutory Statement of Disclosure under Section 11(a) read with Section 12(1) of the A&C Act, 1996 to the advocates for the applicant, so as to enable them to file the same in the Registry of this Court, which shall retain the same in the file of this application, and a copy be furnished by the advocate for the applicant to the respondents. iv) The parties shall appear before the learned Sole Arbitrator on such date and at such place as indicated, to obtain appropriate directions with regard to conduct of the arbitration, including fixing a schedule for pleadings, examination of witnesses, if any, schedule of hearing etc.

v) All arbitral costs and fees of the Arbitral Tribunal shall be borne by the parties equally in the first instance and shall be subject to any final Award that may be passed by the Tribunal in relation to costs.

4. As ordered above, the instant application accordingly stands disposed of.

JUDGE

Meghalaya 17.10.2025 “V. Lyndem-PS”

2025:MLHC:994 Digitally signed by VALENTINO LYNDEM Date: 2025.10.17 17:13:16 IST Signature Not Verified