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2025 DAILYLAW 14755 (GAU)

M/S ASEAN AGENCIES v. THE UNION OF INDIA AND 4 ORS

Arb.P./25/2024 · 2025-04-06

Soumitra Saikia

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Judgment text

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Page No.# 1/3 GAHC010135612024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Arb.P./25/2024 M/S ASEAN AGENCIES REPRESENTED BY ITS PROPRIETOR- SRI TARIK TALOM AGED ABOUT 47 YEARS, S/O- TAROK TALOM PRESENTLY RESIDING AT H/NO- HARMONY APARTMENT, VIP ROAD, P.O./ NOONMATI, P.S. SATGAON, GUWAHATI- 26, DISTRICT- KAMRUP (M), ASSAM VERSUS THE UNION OF INDIA AND 4 ORS REPRESENTED BY THE SECRETARY, RAILWAY BOARD, GOVT. OF INDIA, RAIL BHAWAN, RAFI MARG, NEW DELHI- 110001 2:THE GENERAL MANAGER CONSTRUCTION MALIGAON NORTH EAST FRONTIER RAILWAY GUWAHATI ASSAM 3:THE CHIEF ADMINISTRATIVE OFFICER CONSTRUCTION MALIGAON NORTH EAST FRONTIER RAILWAY GUWAHATI ASSAM 4:THE CHIEF ENGINEER CONSTRUCTION/II MALIGAON NORTH EAST FRONTIER RAILWAY GUWAHATI ASSAM Page No.# 2/3 5:THE DEPUTY CHIEF ENGINEER CONSTRUCTION AIZWAL MALIGAON NORTH EAST FRONTIER RAILWAY GUWAHATI ASSA Advocate for the Petitioner : MR A SAIKIA, R BARMAN Advocate for the Respondent : DY.S.G.I., MR. K GOGOI BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 07.04.2025 Heard Ms. N. Saikia, learned counsel appearing for the petitioner. Also heard Mr. K. Gogoi, learned CGC appearing for respondents. Pursuant to the order dated 13.03.2025 passed by this Court Justice P.K. Musahary, Former Judge of the Gauhati High Court was appointed as sole Arbitrator to resolve the disputes arising by between the petitioner and the respondents, subject to written declaration has been required under Section 12(i) of the Arbitration and Conciliation Act, 1996. The said written declaration has been placed before the Court today by the writ petitioner. Justice P.K. Musahary, Former Judge of the Gauhati High Court, has issued a written declaration confirming that there is no disqualification for him to act as the sole Arbitrator to resolve the disputes between the writ petitioner and the Page No.# 3/3 respondents. In that view of the matter, Justice P.K. Musahary, Former Judge of the Gauhati High Court, is hereby appointed as the sole Arbitrator to resolve the disputes arising between the petitioner and the respondents, pertaining to the work titled “Earthwork Cutting and Construction of Minor Bridges, Retaining Wall, Pucca Approach Road to Alignment, and Other Ancillary Work between Chainage Km 46/820 to Km 49/200, between Station Mualkhang and Sairang, in connection with the construction of the new BG Railway Line from Bairabi to Sairang (Mizoram).” The parties are therefore directed to appear before the learned Arbitrator on 21.04.2025, after which the learned Arbitrator shall proceed to act as the sole Arbitrator as per the earlier order. The Arbitration Petition disposed of in terms of the above. JUDGE Comparing Assistant