Page No.# 1/3 GAHC010186532024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) : Arb.P./30/2024 SM INTERIOR PRIVATE LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT 6 PURBA MEDINIPUR A/19 DURGACHAK COLONY HALDIA 721602 WEST BENGAL. REPRESENTED BY ITS DIRECTOR SRI SAHABUDDIN MOLLA AGED ABOUT 45 YEARS. VERSUS UNION OF INDIA AND 2 ORS REPRESENTED BY THE GENERAL MANAGER NF. RAILWAY MALIGAON GUWAHATI 781011 2:THE CHIEF ENGINEER/CONSTRUCTION II NF. RAILWAY MALIGAON GUWAHATI 781011 3:THE DEPUTY CHIEF ENGINEER/CON 2/BHRB SILCHAR NF RAILWAY SICHAR ASSAM 788003 ------------ Advocate for : MR. R HUSSAIN Advocate for : DY.S.G.I. appearing for UNION OF INDIA AND 2 ORS Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 04.08.2025 Heard Mr. R Hussain, learned counsel for the petitioner. Also heard Mr. RK Dev Choudhury, learned DSGI for the respondents. This Court by order dated 13.06.2025 proposed the name of Mr. Mahmud Ahmed, retired District and Sessions Judge, Assam as an prospective sole Arbitrator to adjudicate the disputes and differences arriving by and between the parties due to the Contract Agreement No.CON/B-S/2504 dated 12.12.2018, subject to his furnishing of the declaration under Section 12 (1) (b) of the Arbitration and Conciliation Act, 1996. Pursuant to the order passed and a copy thereof being placed before the learned prospective Arbitrator, by communication dated 31.07.2025 the written declaration under Section 12(1)(b) of the Act has been furnished by the learned prospective Arbitrator. Learned counsel for the parties submits that in view of the declaration of the learned prospective Arbitrator appointment be confirmed and a date be fixed to appear before the learned Arbitrator. The documents available before the Court have been perused. By communication dated 31.07.2025 Mr. Mahmud Ahmed, retired District and Sessions Judge, Assam has submitted his declaration expressing no difficulty or hardship to act as an Arbitrator, if appointed. Under such circumstances, since the declaration under Section 12 (1)(b) of the Act has been duly filed by the learned prospective Arbitrator, the appointment of Page No.# 3/3 the learned prospective Arbitrator by the order dated 31.07.2025 is hereby confirmed. Mr. Mahmud Ahmed, retired District and Sessions Judge, Assam will act as a sole Arbitrator to decide on the disputes arising by and between the parties pursuant to Contract Agreement No.CON/B-S/2504 dated 12.12.2018 for performance of the work in manufacturing, supplying, stacking and laying of blanket materials as per RDSO’s specification along with other ancillary works between Km 0.575 to 16.98 in between station Bairabi and Kawnpui (including Hortoki station) under the jurisdiction of Dy.CE/CON/Bairabi at SCL in connection with the Constructions of New BG Railway Line from Bairabi to Sairang (Mizoram) at a total cost of Rs.25,47,13,053.60. Accordingly, without fail, both the parties are directed to present themselves before the Arbitrator appointed by this Court on 29.08.2025. A copy of this order be placed before the learned Arbitrator and thereafter, the learned Arbitrator will initiate the proceeding. With the above direction, the matter stands disposed of. JUDGE Comparing Assistant