Meghalaya High Court
Date Of Decision: 07.05.2026 vs Union Of India Through on 7 May, 2026
Author: H. S. Thangkhiew
Bench: H. S. Thangkhiew
2026:MLHC:431
Serial No. 03
Supplementary List
HIGH COURT OF MEGHALAYA
AT SHILLONG
Arb. P. No. 9 of 2025
Date of Decision: 07.05.2026
M/s Pushkarraj Constructions Pvt. Ltd.,
Through its Director Mr. Bharat Bhasin 5,
N.C Sengupta Sarani, Dum Dum Kolkata-700080
... Appellant(s)
Versus
1. Union of India through
H.Q. Chief Engineer (AF) Shillong Zone, Elephant Falls Camp,
P.O. Nonglyer, Shillong-793009
2. The ENGINEER-IN-CHIEF,
Military Engineer Services, HQ of Ministry of Defence (Army)
Kashmir House, Rajaji Marg, New Delhi-110011
... Respondent(s)
Coram:
Hon’ble Mr. Justice H. S. Thangkhiew, Judge
Appearance:
For the Appellant(s) : Mrs. P.D.B. Baruah, Sr. Adv. with
Ms. D.L. Marshillong, Adv.
Mr. R.P.N. Marak, Adv.
For the Respondent(s) :
Dr. N. Mozika, DSGI with
Ms. M. Myrchiang, Adv.
__________________________________________________________
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2026:MLHC:431__________________________________________________________
i) Whether approved for reporting in Yes/No
Law journals etc:
ii) Whether approved for publication Yes/No
in press:
JUDGMENT AND ORDER
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
Clause 70 of the IAFW-2249, General Conditions of Contract.
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) Shri Vijender Kumar Jain 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.
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2026:MLHC:431
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.
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2026:MLHC:431
4. As ordered above, the instant application accordingly stands
disposed of.
JUDGE
Meghalaya
07.05.2026
“V. Lyndem-PS”
Signature Not Verified Page 4 of 4
Digitally signed by
VALENTINO LYNDEM
Date: 2026.05.07 18:02:42 IST
