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2025 DAILYLAW 16984 (GAU)

BITUPAN BORA v. STATE PROJECT DIRECTOR

Arb.P./33/2024 · 2025-05-20

Soumitra Saikia

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010170222024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Arb.P./33/2024 BITUPAN BORA S/O- DILIP KUMAR BORA R/O- JYOTI PRASAD AGARWALA SANJOG PATH MAZGAON P.O. AND P.S. TEZPUR DIST. SONITPUR ASSAM PIN- 784001. VERSUS STATE PROJECT DIRECTOR ASSAM RURAL INFRASTRUCTURE AND AGRICULTURAL SERVICES KHANAPARA GUWAHATI DIST. KAMRUP(M) PIN- 781022 ASSAM ------------ Advocate for : MR G ALAM Advocate for : MR. A K SAHEWALLA appearing for STATE PROJECT DIRECTOR BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 21.05.2025 Heard Mr. G Alom, learned counsel for the petitioner. Also heard Mr. AK Page No.# 2/3 Sahewalla, learned counsel for the respondents. By order dated 28.03.2025 Shri Pradip Kumar Das, retired District and Sessions Judge, Assam, was appointed as an Arbitrator to decide the dispute arising between the parties subject to filing of the written declaration as required under Section 12 of the Arbitration and Conciliation Act, 1996. On 02.05.2025, learned counsel for the petitioner submitted that although the arbitrator was appointed by the Court, subsequently, they had been informed that the learned prospective Arbitrator is based in Bongaigaon and the same is likely to cause some amount of difficulty to the petitioner to and fro from Guwahati to Bongaigaon and back on every date. Accordingly, the petitioner was permitted to file necessary application seeking alteration, if so advised. Today when the matter was called up, learned counsel for the petitioner has placed before the Court the written declaration dated 05.05.2025 given by the prospective arbitrator, Shri Pradip Kumar Das, retired District and Sessions Judge, Assam, wherein the Prospective Arbitrator does not express any difficulty to carry out the arbitration proceedings, if appointed. Learned counsel for the petitioner has also stated that, as per the information received from the prospective arbitrator, the place of arbitration would be at Guwahati and therefore, there would not be any difficulty in accepting the appointment of Shri Page No.# 3/3 Pradip Kumar Das, retired District and Sessions Judge, Assam, and there is no objection from the respondents also. Accordingly, Shri Pradip Kumar Das, retired District and Sessions Judge, Assam, is appointed as an arbitrator to arbitrate and decide on the disputes and differences between the parties arising before them in connection to the agreement No. ARIASS/APART/Pt/1031/2020 dated 01.10.2020. The written declaration is kept as a part of the case record. A copy of this order be furnished by the Registry to the learned Arbitrator Shri Pradip Kumar Das, retired District and Sessions Judge, Assam. The parties will appear before the arbitrator on 10.06.2025 and also furnish a copy of this order. Accordingly, the Arbitration Petition stands disposed of. JUDGE Comparing Assistant