Page No.# 1/6 GAHC010136292020 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Arb.P./32/2020 NAYAK INFRASTRUCTURE PVT. LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT SWARUPNANDA ROAD, LUMDING- 782447, P.O. LUMDING, DIST. NAGAON AND ITS PRINCIPAL OFFICE AT 2ND FLOOR, KAMAKHYA COMMERCIAL, C.K. ROAD, PAN BAZAR, GUWAHATI- 781001 AND IS REPRESENTED BY ITS LIQUIDATOR, SUDHA SARMA, W/O SHANTANU KUMAR SARMA, RESIDENT OF SUDHA AND ASSOCIATES, 185, MRD ROAD, NEAR SBI BAMUNIMAIDAM, GUWAHATI-781021. VERSUS NORTH EAST FRONTIER RAILWAY AND ANR. (CONSTRUCTION ORGANISATION) REP. BY THE GENERAL MANAGER/CONSTRUCTION, MALIGAON, GUWAHATI-781011, KAMRUP (M), ASSAM. 2:CHIEF ENGINEER/CONSTRUCTION-2 NORTH EAST FRONTIER RAILWAY (CONSTRUCTION ORGANISATION) REP. BY THE GENERAL MANAGER/CONSTRUCTION MALIGAON GUWAHATI-781011 KAMRUP (M) ASSAM Advocate for the Petitioner : MR A. LAL, Advocate Advocate for the Respondent : SC, RAILWAY, MR. B K DAS Page No.# 2/6 Linked Case : Arb.P./38/2020 NAYAK INFRASTRUCTURE PVT. LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 AND HAVING ITS REGISTERED OFFICE AT SWARUPNANDA ROAD LUMDING- 782447 P.O. LUMDING DIST.- NAGAON AND ITS PRINCIPAL OFFICE AT 2ND FLOOR KAMAKHYA COMMERCIAL C.K.ROAD PAN BAZAR GUWAHATI-781001 AND IS REPRESENTED BY ITS LIQUIDATOR SUDHA SARMA W/O SHANTANU KUMAR SARMA RESIDENT OF SUDHA AND ASSOCIATES 185 MRD ROAD NEAR SBI BAMUNIMAIDAM GUWAHATI-781021. VERSUS NORTH EAST FRONTIER RAILWAY AND ANR. (CONSTRUCTION ORGANISATION) REP. BY THE GENERAL MANAGER/CONSTRUCTION MALIGAON GHY-11 KAMRUP (M) ASSAM 2:CHIEF ENGINEER/CONSTRUCTION-2 NORTH EAST FRONTIER RAILWAY (CONSTRUCTION ORGANISATION) REP. BY THE GENERAL MANAGER/CONSTRUCTION MALIGAON GHY-11 KAMRUP (M) ASSAM ------------ Advocate for : MR A. Lal, Advocate Advocate for : SC RAILWAY appearing for NORTH EAST FRONTIER RAILWAY AND ANR. Linked Case : Arb.P./33/2020 Page No.# 3/6 NAYAK INFRASTRUCTURE PVT. LTD. A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 AND HAVING ITS REGISTERED OFFICE AT SWARUPNANDA ROAD LUMDING-782447 PO-LUMDING DISTRICT-NAGAON AND ITS PRINCIPAL OFFICE AT 2ND FLOOR KAMAKHYA COMMERCIAL C.K. ROAD PAN BAZAR GUWAHATI-781001 AND IS REPRESENTED BY ITS LIQUIDATOR SUDHA SARMA W/O SHANTANU KUMAR SARMA RESIDENT OF SUDHA AND ASSOCIATES 185 MRD ROAD NEAR SBI BAMUNIMAIDAM GUWAHATI-781021. VERSUS NORTH EAST FRONTIER RAILWAY AND ANR. (CONSTRUCTION ORGANISATION) REP. BY THE GENERAL MANAGER/CONSTRUCTION MALIGAON GHY-11 KAMRUP (M) ASSAM 2:CHIEF ENGINEER/CONSTRUCTION-2 NORTH EAST FRONTIER RAILWAY (CONSTRUCTION ORGANISATION) REP. BY THE GENERAL MANAGER/CONSTRUCTION MALIGAON GHY-11 KAMRUP (M) ASSAM ------------ Advocate for : MR A. Lal, Advocate Advocate for : SC RAILWAY appearing for NORTH EAST FRONTIER RAILWAY AND ANR. Linked Case : Arb.P./40/2020 NAYAK INFRASTRUCTURE PVT LTD A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 AND HAVING ITS REGISTERED OFFICE AT SWARUPNANDA ROAD Page No.# 4/6 LUMDING-782447 P.O. LUMDING DIST. NAGAON AND ITS PRINCIPAL OFFICE AT 2ND FLOOR KAMAKHYA COMMERCIAL C.K. ROAD PAN BAZAR GUWAHATI-781001 AND IS REPRESENTED BY ITS LIQUIDATOR SUDHA SARMA W/O SHANTANU KUMAR SARMA RESIDENT OF SUDHA AND ASSOCIATES 185 MRD ROAD NEAR SBI BAMUNIMAIDAM GUWAHATI-781021. VERSUS NORTH EAST FRONTIER RAILWAY (CONS ORGANISATION) AND ANR REP. BY THE GENERAL MANAGER/CONSTRUCTION MALIGAON GUWAHATI-781011 KAMRUP (M) ASSAM. 2:CHIEF ENGINEER/CONSTRUCTION-2 NORTH EAST FRONTIER RAILWAY (CONSTRUCTION ORGANISATION ) REP. BY THE GENERAL MANAGER/CONSTRUCTION MALIGAON GUWAHATI-781011 KAMRUP (M) ASSAM. ------------ Advocate for : MR A. Lal, Advocate Advocate for : SC RAILWAY appearing for NORTH EAST FRONTIER RAILWAY (CONS ORGANISATION) AND ANR Page No.# 5/6 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 24.06.2026 Heard Mr. A Lal, learned counsel for the petitioners. Also heard Ms. G Sarmah, learned Standing Counsel, Railway for the respondent No. 2 in Arb. Pet No. 40/2020. 2. In deference to the earlier order dated 12.06.2026, this Court upon hearing the parties had appointed Justice Pranoy Kumar Musahary, Former Judge Gauhati High Court to act as the sole Arbitrator to arbitrate on the disputes arising by and between the petitioner and the respondents. However, this appointment was subject to the written declaration required to be submitted under Section 12(1) of the Arbitration and Conciliation Act, 1996 by the prospective Arbitrator. 3. The learned prospective Arbitrator has since furnished his written declaration which has been placed before the Court, the same is available in the case record as placed by the Registry. 4. In view of the written declaration which was submitted by Justice Mushahary, the appointment of Justice Pranoy Kumar Musahary, Former Judge Gauhati High Court as the sole Arbitrator made by the earlier order dated 12.06.2026 is hereby confirmed. 5. Justice Pranoy Kumar Musahary, Former Judge Gauhati High Court is appointed as the sole Arbitrator to arbitrate and decide on the disputes arising by and between the parties arising out of the following contract works: Arb. Pet No. 32/2020 1. Tender No. CE/CON/AGTL- Sabroom/EMB/2013/11 Page No.# 6/6 2. Contract Agreement No. CON/AGTL- Sabroom/1889 dated 01.01.2015 Arb. Pet No. 33/2020 1. Tender No. CE/CON/NMX- JPZ/Tunnel/2016/12 2. Contract Agreement No. CON/NMX- JPZ/2360 dated 19.07.2017 Arb. Pet No. 38/2020 1. Tender No. CE/CON/N-K/MB/2016/07 2. Contract Agreement No. CON/N-K/2309 dated 14.03.2017 Arb. Pet No. 40/2020 1. Tender No. CE/CON/J-T/EMB/2014/25 2. Contract Agreement No. CON/J-T/2097 dated 07.12.2015 6. The parties will appear before the learned Arbitrator on 09.07.2026. 7. Let a copy of this order be communicated by the Registry to Justice Pranoy Kumar Musahary, Former Judge Gauhati High Court. 8. In view of the above, the arbitration petitions stand disposed of. Pending I.As if any are also disposed of. JUDGE Comparing Assistant