Page No.# 1/3 GAHC010271992023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Arb.P./49/2023 BHARTIA INFRA PROJECTS LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT 201, ROYAL ARCADE, 2ND FLOOR, DR. B. BARUAH ROAD, ULUBARI, GUWAHATI-781001, REPRESENTED BY ITS MANAGING DIRECTOR SHRI PAWAN KUMAR BHARTIA, AGED ABOUT 51 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 4 N.F. RAILWAY. IMPHAL MANIPUR-795001 Advocate for the Petitioner : MR. R HUSSAIN, MS P SEN,MR A A AHMED Advocate for the Respondent : DY.S.G.I., MR. S S ROY Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 24.02.2025 Heard Mr. R. Hussain, learned counsel for the petitioner and Mr. SS Roy, learned CGC. This Court by order dated 28.01.2025 proposed the name of Justice C R Sarma (retired Former Judge of Gauhati High Court) as an Arbitrator 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 by communication dated 18.02.2025 and the declaration under Section 12(5) 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 18.02.2025 learned prospective Arbitrator Justice C R Page No.# 3/3 Sarma (retired Former Judge of Gauhati High Court) has submitted his declaration expressing no difficulty to act as an Arbitrator, if appointed. 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 28.01.2025 is hereby confirmed. Justice C R Sarma (retired 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 12.03.2020. Accordingly, without fail, both the parties are directed to present before the Arbitrator appointed by this Court on 24.03.2025. 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