M/S NIRAJ CEMENT STRUCTURALS LTD. AND ANR v. THE UNION OF INDIA AND 4 ORS.
Arb.P./46/2024 · 2025-02-06
Soumitra Saikia
body2025
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[ 2025 DAILYLAW 20225 (GAU) · dailylaw.ai ]
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[ 2025 DAILYLAW 20225 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010226392024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Arb.P./46/2024 M/S NIRAJ CEMENT STRUCTURALS LTD. AND ANR HAVING ITS REGISTERED OFFICE AT NIRAJ HOUSE, SUNDER BAUG, NEAR DEONAR BUS DEPOT, CHEMBUR, MUMBAI- 400088 AND IS REPRESENTED BY ITS DULY AUTHORIZED REPRESENTATIVE SHRI. HUKIYE. N. TISSICA, AGED ABOUT 59 YEARS, S/O- LT. NIHOZHE, R/O- HOUSE NO. 104, ERALIBIL IN THE DISTRICT OF NAGALAND, ASSAM.
2: M/S NAGA CONSTRUCTION HAVING ITS REGISTERED OFFICE AT NAGA SHOPPING ARCADE DIMAPUR NAGALAND AND IS REPRESENTED BY ITS PROPRIETOR SHRI. HUKIYE.
N. TISSICA AGED ABOUT 59 YEARS S/O- LT. NIHOZHE R/O- HOUSE NO. 104 ERALIBIL IN THE DISTRICT OF NAGALAND ASSAM VERSUS THE UNION OF INDIA AND 4 ORS.
REPRESENTED BY THE SECRETARY, MINISTRY OF RAILWAYS, RAILWAY BOARD, RAILWAY BHAWAN, NEW DELHI.
2:THE GENERAL MANAGER/ CONSTRUCTION OFFICE OF THE GENERAL MANAGER/CON.
NORTHEAST FRONTIER RAILWAY MALIGAON GUWAHATI- 781011.
3:THE CHIEF ADMINISTRATIVE OFFICER/CON-III OFFICE OF THE GENERAL MANAGER/ CON
Page No.# 2/3 NORTHEAST FRONTIER RAILWAY MALIGAON GUWAHATI- 781011.
4:THE CHIEF ENGINEER/ CONSTRUCTION-VI NORTHEAST FRONTIER RAILWAY MALIGAON GUWAHATI- 781011.
5:THE DEPUTY CHIEF ENGINEER/ CONSTRUCTION-VI NORTHEAST FRONTIER RAILWAY MALIGAON GUWAHATI- 781011 Advocate for the Petitioner : MR G N SAHEWALLA, MS T J SAHEWALLA,MS G DUGAR,MS K SARMA,MR M SAHEWALLA Advocate for the Respondent : DY.S.G.I., MR. K GOGOI (C.G.C)
BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER 07.02
.2025
Heard Mr. G.N. Sahewalla, learned Senior Counsel assisted by Ms. K. Sarma, learned counsel for the petitioner. Also head Mr. K. Gogoi, learned CGC for the respondents. Pursuant the order passed by this Court on 18.12.2024, learned prospective Arbitrator by communication dated 15.01.2025 has given a written consent to the nomination. A copy of the said communication is placed before the Court by the learned Senior Counsel for the petitioner and is kept in the case record. Further, a copy thereof has also been served to the learned counsel
Page No.# 3/3 for the respondents. The written consent given by the learned Prospective Arbitrator has been perused. In view of the written consent given by the prospective Arbitrator, the appointment made on 18.12.2024 is hereby confirmed. Hon’ble Mr. Justice Dinesh Maheshwari, Former Judge, Supreme Court of India is appointed as sole Arbitrator to arbitrate on the disputes between the petitioner and the respondents in respect of the Contract Agreement No. CON/D-K/2710 dated
17.01.2022. Let both the parties appear before the learned Arbitrator on 03.03.2025 and thereafter, the learned Arbitrator will proceed to hear both the parties as per the provisions of law and decide on the issue.
Learned counsel for the petitioner shall place a certified copy of this order before the learned Arbitrator on 03.03.2025. With the above observation and direction, the arbitration petition stands
disposed of.
JUDGE Comparing Assistant