Page No.# 1/3 GAHC010274032023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Arb.P./47/2023 MS RKE-SHIMRAY (JV) SHIMRAY VILLA, NAGARAM BLOCK-E, P.O. LAMLONG, P.S. LAMPHEL, DIST. IMPHAL EAST, MANIPUR-795010, REP. BY SRI THEMREINGAM A. SHIMRAY, S.O SRI SOMI A. SHIMRAY, AGE-43, R.O SHIMRAY VILLA, NAGARAM BLOCK-E, P.O. LAMLONG, P.S. LAMPHEL, DIST. IMPHAL EAST, MANIPUR-795010, VERSUS UNION OF INDIA AND 3 ORS. REPRESENTED BY THE SECRETARY TO THE MINISTRY OF RAILWAYS, GOVERNMENT OF INDIA, RAIL BHAWAN 1, RAISINA ROAD, NEW DELHI, PIN NEW DELHI- 781006. 2:THE NORTHEAST FRONTIER RAILWAY REPRESENTED BY THE CHIEF ENGINEER/ CONSTRUCTION-II N.F. RAILWAYS HEAD QUARTER MALIGAON GUWAHATI- 781011 ASSAM. 3:THE CHIEF ENGINEER/ CONSTRUCTION-II N.F. RAILWAYS HEAD QUARTER MALIGAON GUWAHATI- 781011 ASSAM. 4:THE DEPUTY CHIEF ENGINEER/ CONSTRUCTION-I/ BHRB N.F. RAILWAYS Page No.# 2/3 SILCHAR PIN- 788003 ASSAM Advocate for the Petitioner : MR. D J KAPIL, MR. D M NATH,MR G RAHUL Advocate for the Respondent : DY.S.G.I., MS. B SARMA BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 13.06.2025 Heard Mr. D.J. Kapil, learned counsel appears for the petitioner. Also heard Mrs. R. Devi, learned DSGI appears for the respondents. By earlier order dated 02.05.2025, this Court appointed Justice H.N. Sarma, Former Judge of the Gauhati High Court, as the sole arbitrator to arbitrate and decide the disputes arising between the parties in relation to the contract agreement bearing No. CON/B-S/2481 dated 27.09.2018. The said agreement pertains to the execution of the work titled: "Earthwork in cutting to form formation and earthwork in filling to form embankment/sub-bank and construction of minor bridges retaining wall, RCC drain and other ancillary work between chainage KM 15.860 to KM 16.380 at Hortoki Yard in connection of new BG Railway line from Bairabi to Sairang (Mizoram)" The appointment of the learned arbitrator was made subject to the submission of a written declaration in terms of Section 12 of the Arbitration and Conciliation Act, 1996, to be furnished by the prospective arbitrator. The learned counsel for the petitioner has submitted that the written Page No.# 3/3 declaration by Justice H.N. Sarma, Former Judge, Gauhati High Court, expressing no difficulty or hardship in acting as the arbitrator pursuant to the appointment order dated 02.05.2025, has been received. Although the written declaration does not reflect any date, the learned counsel states that the declaration was received only yesterday from the office of the prospective arbitrator. Considering the submissions of the learned counsel for both the petitioner and the respondents, this Court hereby confirms the appointment of Justice H.N. Sarma, Former Judge, Gauhati High Court, to act as the arbitrator to decide the disputes arising out of the contract agreement No. CON/B-S/2481 dated 27.09.2018 executed between the parties. The parties will appear before the arbitrator within three (3) weeks from today. Let a copy of this order be communicated by the Registry to Justice H.N. Sarma, Former Judge, Gauhati High Court, who is appointed as the arbitrator by this Court. A copy of the written declaration is kept on record. The matter stands disposed of. The written declaration, having been placed before the Court, is received and retained as part of the case records. JUDGE Comparing Assistant