Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 21005 (GAU)

SHASHI PRAKASH RAI v. CHANDAN DAS

Arb.P./47/2024 · 2025-03-27

Soumitra Saikia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010246172024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Arb.P./47/2024 SHASHI PRAKASH RAI ONE OF THE TWO PARTNERS OF M/S CS INFRA, HAVING ITS PRINCIPAL PLACE OF BUSINESS /HEAD OFFICE AT BORLUIT, GOURIPUR, PO AMINGAON, DIST KAMRUP ,GUWAHATI ASSAM VERSUS CHANDAN DAS S/O LATE SHRI UDAY DAS, ANOTHER PARTNERS OF M/S CS INFRA, HAVING ITS PRINCIPAL PLACE OF BUSINESS /HEAD OFFICE AT BORLUIT, GOURIPUR, PO AMINGAON, DIST KAMRUP ,GUWAHATI ASSAM 781031 Advocate for the Petitioner : MR D DAS, MR A K RAI,MR. A GOSWAMI Advocate for the Respondent : MR I RAFIQUE, N CHAKRABARTY,MS A AFREEN,MS A AFREEN,MRS S A CHOUDHURY BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER Date : 28-03-2025 Heard Mr. AK Rai, learned counsel for the petitioner. Also heard learned Page No.# 2/3 counsel for the respondents. This Court by order dated 05.03.2025 proposed the name of Mr. Justice HN Sarma, Former Judge of Gauhati High Court as an prospective Arbitrator to decide on the disputes between the parties arising out of the agreement dated 15.02.2016 executed by and between the parties subject to furnishing of the declaration under Section 12 (5) of the Arbitration and Conciliation Act, 1996. Pursuant to the order passed and a copy thereof being placed before the learned prospective Arbitrator and by a communication dated 08.03.2025, the declaration under Section 12(5) of the Act has been furnished by the learned prospective Arbitrator. Under such circumstances, since the declaration under Section 12 (5) of the Act has been duly filed by the learned prospective Arbitrator, the appointment of the learned prospective Arbitrator by the order dated 08.03.2025 is hereby confirmed. Mr. Justice HN Sarma, Former Judge of Gauhati High Court will act as a sole Arbitrator to decide on the disputes arising by and between the patties pursuant to the agreement dated 15.02.2016. Accordingly, without fail, both the parties are directed to present before the Arbitrator appointed by this Court on 10.04.2025. Page No.# 3/3 A copy of this order be furnished by the Registry 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