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2025 DAILYLAW 16869 (GAU)

KHALIL ULLAH SIDDIQUE AND ANR v. ASHOKADITYA PROPERTIES LLP

Arb.P./29/2025 · 2025-09-23

Soumitra Saikia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010168152025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Arb.P./29/2025 KHALIL ULLAH SIDDIQUE AND ANR S/O ISRAIL SIDDIQUE, R/O BONPHUL PATH, NEAR HOTEL GRAND MAJESTY, HATIGAON CHARIALI, GUWAHATI, DIST- KAMRUP (M), ASSAM 2: GAURAV ROSUL SIDDIQUE S/O ISRAIL SIDDIQUE R/O FLAT NO. 302 BLOCK-A RUP NAGAR HOUSEFED COMPLEX BHANGAGARH GUWAHATI-78103 VERSUS ASHOKADITYA PROPERTIES LLP (FORMERLY KNOWN AS M/S ASHOKADITYA PROPERTIES PVT. LTD.), HAVING ITS OFFICE AT ADITYA PLAZA, 3RD FLOOR, CHRISTIAN BASTI, G.S. ROAD, GUWAHATI-781005 Advocate for the Petitioner : MR G N SAHEWALLA, MS S AGARWAL,MS. S. TODI,MR M SAHEWALLA,MR. P BORA Advocate for the Respondent : MR G RAHUL, MR. D M NATH Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 24.09.2025 Heard Ms. K. Sarma, learned counsel for the petitioner. Also heard Mr. D.M. Nath, learned counsel for the respondent. By order dated 15.09.2025, this Court upon hearing the parties had considered appointing Mr. M.K Bhattacharjee, Retired District & Sessions Judge, Assam to act as the sole Arbitrator to arbitrate on the disputes arising by and between the petitioner and the respondent pursuant to the execution of the partnership deed dated 13.03.2019. 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 Mr. M.K Bhattacharjee, Retired District & Sessions Judge, Assam made by the order dated 15.09.2025 is hereby confirmed. Mr. M.K Bhattacharjee, Retired District & Sessions Judge, Assam 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 17.10.2025. Once the parties appear before the Arbitrator appointed, the learned Arbitrator will proceed to initiate the arbitration proceedings as per Page No.# 3/3 procedure prescribed under law. Let a copy of this order be communicated by the Registry to Mr. M.K Bhattacharjee, Retired District & Sessions Judge, Assam. In view of the above, the arbitration petition stands disposed of. JUDGE Comparing Assistant