Page No.# 1/4 GAHC010170222024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Arb.P./35/2024 ABINASH BORO S/O- SHRI RAJENDRA NATH BORO RESIDENT OF VIII SAFULCHUKI P.O. AND P.S.- GORESWAR DISTRICT BAKSA PIN- 781366 ASSAM. VERSUS COMMISSIONER OF INDUSTRIES AND COMMERCE AND ANR. UDYOG BHAWAN BAMUNIMAIDAM GUWAHATI KAMRUP(METRO) PIN- 781021 ASSAM. 2:GENERAL MANAGER DISTRICT INDUSTRIES AND COMMERCE CENTRE SONITPUR TEZPUR PIN- 784001 ASSAM. ------------ Advocate for : MR. P D NAIR Advocate for : MR. A K SAHEWALLA (R-1 Page No.# 2/4 2) appearing for COMMISSIONER OF INDUSTRIES AND COMMERCE AND ANR. BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 21.05.2025 Heard Mr. G Alom, learned counsel for the petitioner. Also heard Mr. AK 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 Page No.# 3/4 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 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/1296/2021/10 dated 15.03.2022. A 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. With the above observation, the Arbitration Petition stands disposed of. Learned counsel for the petitioner/applicant submits that by filing an Page No.# 4/4 Interlocutory Application being Filing No. 5752/2025, the applicant/petitioner has prayed for correction in the order dated 28.03.2025. It is also submitted that in the second sentence of paragraph-2 of the order dated 28.03.2025 the petitioner who was employed as “the District Enterprise Development Executive (DEDE)” in World Bank Financed Assam Agri- Business and Rural Transformation Project (APART) has been wrongly recorded as “District Enterprise Development Coordinator (DEDC)” and therefore, learned counsel for the applicant/petitioner prays for the necessary correction in the second sentence of paragraph No.2 of the order dated 28.03.2025. Learned counsel for the respondents does not object to the prayer made. In view of the above, the present Interlocutory Application is allowed. The designation of the petitioner which was wrongly recorded in the order dated 28.03.2025 as “the District Enterprise Development Coordinator (DEDC)” shall be read as “the District Enterprise Development Executive (DEDE)” in World Bank Financed Assam Agri-Business and Rural Transformation Project (APART). Accordingly, Interlocutory Application being Filing No. 5752/2025 stands disposed of. JUDGE Comparing Assistant