Page No.# 1/3 GAHC010186532024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Arb.P./38/2024 SM INTERIOR PRIVATE LIMITED A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT 6 PURBA MEDINIPUR, A/19, DURGACHAK COLONY, HALDIA- 721602, WEST BENGAL, REPRESENTED BY ITS DIRECTOR SHRI SAHABUDDIN MOLLA, AGED ABOUT 45 YEARS. VERSUS UNION OF INDIA AND 2 ORS. REPRESENTED BY GENERAL MANAGER, N.F. RAILWAY, MALIGAON, GUWAHATI- 781011. 2:THE CHIEF ENGINEER/ CONSTRUCTION-II N.F. RAILWAY MALIGAON GUWAHATI- 781011. 3:THE DEPUTY CHIEF ENGINEER/ CON-2/ BHRB AT SILCHAR N.F. RAILWAY SILCHAR- 788003 ASSAM Advocate for the Petitioner : MR. R HUSSAIN, MS P SEN,MR A A AHMED Advocate for the Respondent : DY.S.G.I., MR H GUPTA 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 16.07.2025 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/2598 dated 31.01.2020, 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 has 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 the learned prospective Arbitrator by the order dated 31.07.2025 is hereby confirmed. Page No.# 3/3 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/2598 dated 31.01.2020 for performance of the work in between proposed station Hortoki & Mualkhang from Ch.20.00 KM to 30.00 KM slope protection of cutting and embankment by construction of RCC retaining wall, catch water drain, sub-surface drain, shot creting/providing, concrete canvas, flexible geo grid para link, geo-jute textile turfing on slope etc in connection with the construction of new BG Railway line from Bairabi to Sairang (Mizoram) project. 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