Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 12959 (GAU)

M/S SADGURU ENGINEERS AND ALLIED SERVICES PVT. LTD. v. THE ZONAL MANAGER, NPCC AND ANR.

Arb.P./23/2024 · 2025-06-01

Soumitra Saikia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010110332024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Arb.P./23/2024 M/S SADGURU ENGINEERS AND ALLIED SERVICES PVT. LTD. HAVING ITS REGISTERED OFFICE AT ROOM NO. 406, 4TH FLOOR, HANUMAN TOWER, ATHGAON, GUWAHATI, ASSAM AND REPRESENTED BY ITS AUTHORISED SIGNATORY MR. SAMARTH HARLALKA, RESIDENT OF ATHGAON, GUWAHATI, DISTRICT- KAMRUP(M), ASSAM- 781028. VERSUS THE ZONAL MANAGER, NPCC AND ANR. RUKMININAGAR, GUWAHATI, DISTRICT- KAMRUP(M), ASSAM, PIN- 781006. 2:THE SECRETARY MINISTRY OF HOME AFFAIRS NORTH BLOCK NEW DELHI PIN- 110001 Advocate for the Petitioner : MR. N J KHATANIAR, MR A CHOWDHURY Advocate for the Respondent : DY.S.G.I., MR. K GOGOI Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 02.06.2025 1. Heard Mr. A Chowdhury, learned counsel for the petitioner. Also heard Mr. K Gogoi, learned CGC for the respondent no.2. 2. By earlier order dated 02.05.2025 Shri Susil Kumar Sarma, AJS, retired District and Sessions Judge, Assam, was appointed as a prospective Arbitrator to decide the dispute arising between the parties in connection with Agreement No. NEZ/Ghy/BOP/ Mikirpara/ SEA SPL/ 725 dated 01.06.2020 for construction of Composite BOP Mikirpara (Company Level) along Indo-Bangladesh Border in the State of Meghalaya and General Conditions of Contract subject to filing of the written declaration as required under Section 12 (5) of the Arbitration and Conciliation Act, 1996. 3. Pursuant to the communication of the order dated 02.05.2025, learned prospective Arbitrator has furnished a written declaration dated 26.05.2025, whereby it is informed that there is no impediment on his part to act as an Arbitrator in the said matter. 4. Accordingly, in view of the order dated 02.05.2025 passed by this Court as Page No.# 3/3 well as after perusal of the written declaration dated 26.05.2025 submitted by Shri Susil Kumar Sarma, AJS, retired District and Sessions Judge, Assam, this Court appoints Shri Susil Kumar Sarma, AJS, retired District and Sessions Judge, Assam as a sole arbitrator to decide the dispute and differences that has arisen between the petitioner and the respondents in connection with the Agreement No. NEZ/Ghy/BOP/ Mikirpara/ SEA SPL/ 725 dated 01.06.2020 for construction of Composite BOP Mikirpara (Company Level) along Indo- Bangladesh Border in the State of Meghalaya and General Conditions of Contract. 5. Parties will appear before the learned Arbitrator and shall place a certified copy of this order. 6. Registry is also directed to communication a copy of this order to the learned Arbitrator and thereafter, learned Arbitrator shall proceed in the matter as per law. 7. With the above observation and direction, the Arbitration Petition stands disposed of. JUDGE Comparing Assistant