Page No.# 1/3 GAHC010100522025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Arb.P./18/2025 M/S SIMPLEX INFRASTRUCTURE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT SIMPLEX HOUSE, 27, SHAKESPEARE SARANI, KOLKATA-700017 AND IS REPRESENTED BY ITS DULY AUTHORIZED REPRESENTATIVE SHRI KAUSTAB CHAKRABORTY, PRESENTLY SERVING AS DIRECTOR TECHNICAL AND R/A 188/50 PRINCE ANWAR SHAH ROAD, KOLKATA-700045 VERSUS THE UNION OF INDIA AND 4 ORS. REPRESENTED BY THE SECRETARY MINISTRY OF RAILWAYS, RAILWAY BOARD, RAILWAY BHAWAN, NEW DELHI 2:THE GENERAL MANAGER/CONSTRUCTION OFFICE OF THE GENERAL MANAGER/CON NORTHEAST FRONTIER RAILWAY MALIGAON GUWAHATI-781011 3:THE CHIEF ADMINISTRATIVE OFFICER/CON-II OFFICE OF THE GENERAL MANAGER/CON NORTHEAST FRONTIER RAILWAY MALIGAON GUWAHATI-781011 4:THE CHIEF ENGINEER/CONSTRUCTION-I NORTHEAST FRONTIER RAILWAY MALIGAON GUWAHATI-781011 5:THE DEPUTY CHIEF ENGINEER/CONSTRUCTION-I Page No.# 2/3 NORTHEAST FRONTIER RAILWAY MALIGAON GUWAHATI-78100 Advocate for the Petitioner : MR G N SAHEWALLA, MS T J SAHEWALLA,MR H K SARMA,MS. S. TODI,MR M SAHEWALLA Advocate for the Respondent : DY.S.G.I., MR. K GOGOI(C.G.C) BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 24.09.2025 Heard Ms. K. Sarma, learned counsel for the petitioner. Also heard Mr. K Gogoi, learned CGC for the respondents. By order dated 15.09.2025, this Court upon hearing the parties had considered appointing Mr. Justice P.K. Mushahary, Former Judge of the Gauhati High Court to act as the sole Arbitrator to arbitrate on the disputes arising by and between the petitioner and the respondents pursuant to the execution of the contract agreement No. CON/J-T/1745 dated 20.09.2013. However, the 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. The learned prospective Arbitrator has placed his written declaration which has been placed before the Court. By the said declaration, the prospective Arbitrator has disclosed that there is no difficulty or hardship being appointed as an Arbitrator to arbitrate and resolve the disputes by and between the parties. The Court has perused the written declaration placed before the Court. In view of the written declaration, the appointment of the prospective Arbitrator Page No.# 3/3 Mr. Justice P.K. Mushahary, Former Judge of the Gauhati High Court made by the order dated 15.09.2025 is hereby confirmed. Mr. Justice P.K. Mushahary, Former Judge of the Gauhati High Court is appointed as an Arbitrator to arbitrate and decide the disputes arising by and between the parties. The parties will appear before the Arbitrator on 13.10.2025. Once the parties appear before the Arbitrator appointed, the learned Arbitrator will proceed to initiate the arbitration proceedings as per procedure prescribed under law. Let a copy of this order be communicated by the Registry to Mr. Justice P.K. Mushahary, Former Judge of the Gauhati High Court. In view of the above, the arbitration petition stands disposed of. JUDGE Comparing Assistant