M/S SITAL AND SONS THROUGH ONE OF ITS PARTNERS SHRI JAG MOHAN SINGH v. UNION OF INDIA THROUGH THE SECRETARY MINISTRY OF DEFENCE
A.APPL/10/2026 · 2026-03-20
body2026
DailyLaw.ai
[ 2026 DAILYLAW 877 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 877 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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( 2026:JHHC:7813 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI
Arbitration Application No. 10 of 2026
M/s Sital and Sons, through one of its partners Shri Jag Mohan Singh, aged about 50 years, son of Gurdev Singh, having office at 421(P), Shakti Puram, Shiv Katra, P.O. & P.S.- Harzindar Nagar, Kanpur, Uttar Pradesh, Pin Code - 208007.
…. .... Petitioner
Versus
1. Union of India through the Secretary, Ministry of Defence, 101 -A, South Block, P.O. & P.S. South Avenue, New Delhi 110011.
2. The Chief Engineer, Military Engineering Services (M.E.S.), Jabalpur Zone, 1 Ridge Road, P.O. & 6.- Jabalpur, District -Jabalpur, Madhya Pradesh.
3. The Commander Works Engineer, Ranchi, Dipatoli Cantt. P.Ο. Bariyatu, P.S. Sadar, District Ranchi, Jharkhand 834009.
4. The Garrison Engineer (M.E.S.), Ramgarh Cantt., P.O. & P.S. - Ramgarh, District - Ramgarh, Jharkhand-829122.
…. …. Respondents
------
CORAM : HON’BLE THE CHIEF JUSTICE
------ For the Petitioner : Mr Shresth Gautam, Advocate
For the Respondents : Mr Prashant Pallav, ASGI
Ms Shreya Shukla, AC to ASGI
----- 03 /Dated: 20.03.2026
1. Heard the learned counsel for the parties.
2. This application seeks appointment of Arbitrator by invoking Section 11 of the Arbitration and Conciliation Act, 1996 (said Act) in terms of Clause 70 of the Agreement contained in Work Order dated 20th of May,
2017.
3. There is no dispute that there exists an arbitration clause for resolution of disputes between the parties. Mr Prashant Pallav, learned ASGI, submits that there are several objections primarily relating to the maintainability and the merits of the claims being raised by the applicant.
4. The scope of proceedings under Section 11 of the Arbitration and
Consideration Act, 1996 is extremely limited. As long as, the existence of
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an arbitration agreement is not in dispute, the parties can be referred to the Arbitral Tribunal for resolution of their disputes, by leaving open all the
contentions and objections that the opposite party shall have on the issues of maintainability and merits.
5.
Learned counsel for the parties agree that Mr Parth Jalan, an advocate of this Court (Mob. 8873565101, email- adv.parthjalan@gmail.com) could be appointed as Arbitrator. Mr Parth Jalan is present in the Court and he says that he has no difficulties in arbitrating the dispute between the parties and he is not in any manner disqualified to do so.
6. Accordingly, with the consent of the learned counsel for the parties and by keeping all the objections of the respondents as to the maintainability and on merits open to be raised before the Arbitrator, Mr. Parth Jalan is appointed as Arbitrator to arbitrate upon the disputes between the parties. His fees shall be in accordance with Schedule Fourth to the said Act and the same shall be borne equally by the parties.
7. This application is disposed of, in the above terms without any order for costs.
8. All concerned must act on an authenticated copy of this order.
(M.S. Sonak, C.J.)
March 20, 2026 Ranjeet / R.Kr. NAFR Uploaded on 20.03.2026