Page No.# 1/4 GAHC010182082024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Arb.P./39/2024 M/S ARIHANT LOGISTICS AND ANR REP. BY ITS SOLE PROPRIETOR SHRI MADAN LAL BARJATYA, HAVING ITS REGISTERED ADDRESS 5, H.M DAS ROAD, REHABARI GUWAHATI 781008 2: MADAN LAL BARJATYA PROPRIETOR OF M/S ARIHANT LOGISTICS HAVING ITS REGISTERED ADDRESS AT 5 H.M DAS ROAD REHABARI GUWAHATI 78100 VERSUS THE UNION OF INDIA AND ORS REP BY THE SECRETARY TO THE GOVT OF INDIA DEPTT OF POSTS, MINISTRY OF COMMUNICATION, NEW DELHI 110001. 2:THE DIRECTOR GENERAL OF POSTS INDIA DAK BHAWAN NEW DELHI 110001 3:THE CHIEF POSTMASTER GENERAL ASSAM MEGHDOOT BHAWAN GUWAHATI 781001 4:THE DIRECTOR POSTAL SERVICE MAIL/ PARCEL O/O THE CHIEF POSTMASTER GENERAL DEPT. OF POST ASSAM POST CIRCLE GUWAHATI 781001 ASSAM 5:THE HEAD PARCEL OPERATION O/O THE CHIEF POST MASTER GENERAL. DEPT. OF POSTS ASSAM POST CIRCLE GUWAHATI 781001 Page No.# 2/4 6:THE SENICOR SUPERINTENDENT OF RMS O/O THE CHIEF POST MASTER GENERAL. DEPT. OF POSTS ASSAM POST CIRCLE GUWAHATI 781001 7:THE AD A/CS CO GUWAHATI O/O THE CHIEF POST MASTER GENERAL. DEPT. OF POSTS ASSAM POST CIRCLE GUWAHATI 78100 Advocate for the Petitioner : MR. C AGARWAL, MS. H BORAH,MS A DEVI,M BURAGOHAIN,MR. H. BURAGOHAIN,MS. S NATH Advocate for the Respondent : DY.S.G.I., MR H GUPTA Linked Case : Arb.P./40/2024 M/S ARIHANT LOGISTICS AND ANR REP. BY ITS SOLE PROPRIETOR SHRI MADAN LAL BARJATYA HAVING ITS REGISTERED ADDRESS 5 H.M DAS ROAD REHABARI GUWAHATI 781008 2: MADAN LAL BARJATYA PROPRIETOR OF M/S ARIHANT LOGISTICS HAVING ITS REGISTERED ADDRESS AT 5 H.M DAS ROAD REHABARI GUWAHATI 781008 VERSUS THE UNION OF INDIA AND 6 ORS REP BY THE SECRETARY TO THE GOVT OF INDIA DEPTT OF POSTS MINISTRY OF COMMUNICATION NEW DELHI 110001. 2:THE DIRECTOR GENERAL OF POSTS INDIA DAK BHAWAN NEW DELHI 110001 3:THE CHIEF POSTMASTER GENERAL ASSAM MEGHDOOT BHAWAN GUWAHATI 781001 Page No.# 3/4 4:THE SENICOR SUPERINTENDENT OF RMS O/O THE CHIEF POST MASTER GENERAL. DEPT. OF POSTS ASSAM POST CIRCLE GUWAHATI 781001 5:THE AD A/CS CO GUWAHATI O/O THE CHIEF POST MASTER GENERAL. DEPT. OF POSTS ASSAM POST CIRCLE GUWAHATI 781001 6:THE DIRECTOR POSTAL SERVICE MAIL/ PARCEL O/O THE CHIEF POSTMASTER GENERAL DEPT. OF POST ASSAM POST CIRCLE GUWAHATI 781001 ASSAM 7:THE HEAD PARCEL OPERATION O/O THE CHIEF POST MASTER GENERAL. DEPT. OF POSTS ASSAM POST CIRCLE GUWAHATI 781001 ------------ Advocate for : MR. C AGARWAL Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 6 ORS BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 05.05.2025 Heard Mr. H. Buragohain, learned counsel appearing for the petitioners. Also heard Mr. H. Gupta, learned CGC appearing for the respondents. By order dated 28.03.2025, Mr. Justice H.N. Sarma, Former Judge of the Gauhati High Court was appointed by this Court as an arbitrator to decide the disputes arising between the parties. However, the said order of appointment was made subject to the written declaration to be furnished by the prospective arbitrator in terms of Section 12(5) of the Arbitration and Conciliation Act, 1996. Page No.# 4/4 The matters were fixed on 05.05.2025. When the matters were called up, the learned counsel for the petitioner placed before the Court, the written declaration of Mr. Justice H.N. Sarma, Former Judge of the Gauhati High Court, wherein he expressed that he has no difficulty in acting as the arbitrator appointed by the Court to decide the disputes and differences arising between the parties. In view of the written declaration placed before the Court, the appointment of Mr. Justice H.N. Sarma, Former Judge of the Gauhati High Court, as the sole arbitrator to adjudicate the disputes and differences between the parties is hereby confirmed, pursuant to the agreements executed between them in connection with Contract No. GEMC-511687726280780 dated 09.11.2021 and Contract No. GEMC- 511687799464095 dated 30.11.2021. The appointment made earlier by order dated 28.03.2025 is hereby confirmed. The parties are directed to appear before the learned Government Arbitrator on 28.05.2025. Thereafter, the learned Arbitrator appointed by this Court shall commence the arbitration proceedings in accordance with the procedure prescribed under law. The arbitration petitions are accordingly disposed of. A copy of this order shall be placed before the learned Arbitrator by the parties and the Registry is also directed to communicate a copy of this order to the learned Arbitrator appointed by the Court. JUDGE Comparing Assistant