Page No.# 1/3 GAHC010277502024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Arb.P./5/2025 RKD INFRASTRUCTURE PVT. LTD. A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 49, P.C. SORCAR SARANI, KOLKATA- 700019 AND IS REPRESENTED BY ITS DIRECTOR SHRI RATAN KUMAR DAS, RESIDENT OF 9A, BROAD STREET, BALLYGUNGE, S.O., BALLYGUNGE, KOLKATA- 700019. 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-VIII OFFICE OF THE GENERAL MANAGER/ CON. NORTHEAST FRONTIER RAILWAY MALIGAON GUWAHATI- 781011. 4:THE CHIEF ENGINEER/ CONSTRUCTION-VIII NORTHEAST FRONTIER RAILWAY MALIGAON GUWAHATI- 781011. 5:THE DEPUTY CHIEF ENGINEER/ CONSTRUCTION Page No.# 2/3 NORTHEAST FRONTIER RAILWAY RANGIA- 781534 Advocate for the Petitioner : MR G N SAHEWALLA, MS G DUGAR,MS T J SAHEWALLA,MS K SARMA,MR M SAHEWALLA Advocate for the Respondent : DY.S.G.I., MRS. R DEVI (C.G.C) BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 10.09.2025 Heard Ms. K Sarma, learned counsel for the petitioner. Pursuant to the earlier order dated 20.08.2025, whereby Mr. Justice PK Musahary, (Retired) Former Judge of Gauhati High Court was appointed as a prospective arbitrator subject to furnishing of the written declaration under Section 12 (1)(b) of the Arbitration and Conciliation Act, 1996, Mr. Justice PK Musahary, (Retired) Former Judge of Gauhati High Court has furnished the written declaration dated 03.09.2025 expressing no difficulty or impediment in conducting the arbitration proceedings, if appointed by this Court. The said written declaration dated 03.09.2025 is placed before the Court and is kept in the case record. Under such circumstances, the earlier order passed dated 20.08.2025 passed by this Court stands confirmed. Mr. Justice PK Musahary, (Retired) Former Judge of Gauhati High Court is appointed as the sole arbitrator to arbitrate and resolved the dispute arising by and between the parties relating to the contract agreement No.CON/N-A/2729 dated 29.06.2022 for execution of work, namely, Linking of BG tract with 60 KG single/long welded panels with 1660 nos. PSC sleeper per km in main line and 60 KG/52 KG single/three rails welded panels Page No.# 3/3 with 1540 nos. PSC sleeper per km in loop lines including linking of 1 in 12, 1 in 8 ½ and derailing switches on PSC sleepers (Fan Shaped Layout) laying of SEJs etc…., dismantling of BG tract, point & crossings from km 355/0 to 394/5 (CH 103700 to 143470)= 39.77 KM (including RNY-AGT yard). Accordingly, without fail, both the parties are directed to present before the learned Arbitrator appointed by this Court on 26.09.2025. Registry to communicate the order passed today to the learned Arbitrator and thereafter, the learned Arbitrator will initiate the proceedings. With the above direction, the matter stands disposed of. JUDGE Comparing Assistant