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2025 DAILYLAW 25141 (GAU)

M/S ENGINEERS GUILD v. THE CHIEF ENGINEER, PWD (BUILDING), ASSAM AND ANR

Arb.P./2/2025 · 2025-10-30

Soumitra Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010001582025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Arb.P./2/2025 M/S ENGINEERS GUILD A PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT HOUSE NO. 26, FARM GATE (JANAPATH), P.O.-KHANAPARA, P.S.-DISPUR, GUWAHATI, DIST- KAMRUP (M), ASSAM, PIN-781022 REPRESENTED BY ONE OF ITS PARTNER SRI SANJIB KUMAR BHATTACHARJEE, S/O LATE MUKTI NATH BHATTACHARYA VERSUS THE CHIEF ENGINEER, PWD (BUILDING), ASSAM AND ANR CHANDMARI, GUWAHATI, DIST- KAMRUP (M), ASSAM, PIN-781003 2:THE EXECUTIVE ENGINEER KARBI ANGLONG DISTRICT TERRITORIAL BUILDING DIVISION DIPHU ASSAM PIN-78246 Advocate for the Petitioner : MR. A BISWAS, MR P K BASU,MR R KALITA Advocate for the Respondent : SC, PWD, BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 31.10.2025 Heard Mr. A. Biswas, learned counsel for the petitioner. Also heard Mr. P. Page No.# 2/3 Nayak, learned Additional Advocate General, Assam for the respondents. 2. This Court by order dated 24.10.2025 proposed the name of Shri Sushil Kumar Sharma, retired District and Sessions Judge, Assam as an Arbitrator subject to furnishing of the declaration under Section 12 (1)(b) of the Arbitration and Conciliation Act, 1996. 3. Pursuant to the order passed and a copy thereof being placed before the learned prospective Arbitrator and the declaration under Section 12 of the Act has been furnished by the learned prospective Arbitrator. 4. Accordingly, learned counsel for the parties submit that in view of the declaration of the learned prospective Arbitrator appointment be confirmed and the parties be directed to appear before the Arbitrator within a fixed period of time. 5. The documents available before the Court have been perused. By communication dated 29.10.2025 learned prospective Arbitrator Shri Sushil Kumar Sharma, retired District and Sessions Judge, Assam has submitted his declaration expressing no difficulty to act as an Arbitrator, if appointed. 6. Under such circumstances, since the declaration under Section 12 of the Act has been duly filed by the learned prospective Arbitrator, the appointment of the learned prospective Arbitrator by the order dated 24.10.2025 is hereby Page No.# 3/3 confirmed. 7. Shri Sushil Kumar Sharma, retired District and Sessions Judge, Assam, will act as a sole Arbitrator to decide on the disputes arising by and between the parties pursuant to the Contract Agreement No.BPM.3/2019/28 dated 12.10.2020 for construction of Modern Auditorium Hall at Bokajan, Bokajan LAC under Karbi Anglong District under Signature Project for the year 2018-19. SP- 15 at the quoted bid of Rs.9,88,84,997/-. 8. Accordingly, without fail, both the parties are directed to present before the Arbitrator appointed by this Court on 15.11.2025 and shall furnish a copy of this order. 9. With the above direction, the matter stands disposed of. JUDGE Comparing Assistant