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2025 DAILYLAW 3782 (GAU)

M/S R B ENTERPRISES v. UNION OF INDIA AND 7 ORS.

Arb.P./43/2025 · 2026-08-06

Soumitra Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010211882025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Arb.P./43/2025 M/S R B ENTERPRISES A PARTNERSHIP FIRM HAVING ITS OFFICE AT CHIRWAPATY ROAD, PIN - 786125, DISTRICT- TINSUKIA, ASSAM, REPRESENTED BY ONE OF ITS PARTNER AND AUTHORIZED REPRESENTATIVE MR. JITUL CHANDRA GOHAIN. VERSUS UNION OF INDIA AND 7 ORS. REPRESENTED BY MINISTRY OF DEFENCE, NEW DELHI 2:INDIAN DEFENCE SERVICE OF ENGINEERS (IDSE) HQ CHIEF ENGINEER SHILLONG ZONE SPREAD EAGLE FALLS SHILLONG-793011. 3:HEAD QUARTERS CHIEF ENGINEER EASTERN COMMAND ENGINEER BRANCH PIN-908542 C/O-99 APO 4:STE EASTERN COMMAND FORT WILLIAM KOLKATA MAIDAN FORT WILLIAM HASTINGS KOLKATA WEST BENGAL- 700021. Page No.# 2/3 5:CONTROLLER OF DEFENCE ACCOUNTS (CDA) UDAYAN VIHAR NARANGI GUWAHATI PIN-781171. 6:COMMANDER WORKS ENGINEER DINJAN MILITARY ENGINEER SERVICE POST- PANITOLA DIST- DIBRUGARH PIN-786183. 7:DIRECTORATE OF CONTRACT MANAGEMENT MILITARY ENGINEER SERVICES ENGINEER IN CHIEFS BRANCH INTEGRATED HQ OF MOD (ARMY) KASHMIR HOUSE RAJAJI MARG NEW DELHI- 110011 Advocate for the Petitioner : MR. JYOTIRMOY ROY, B SAHA,MR B P SARMAH,MR D DAS Advocate for the Respondent : DY.S.G.I., MS. B SARMA(C.G.C) BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 07.08 .2026 Heard Ms. B. Saha, learned counsel for the petitioner. Also heard Ms. B. Sarma, learned CGC for the respondents. 2] Pursuant to the directions contained in the order dated 19.06.2026, whereby Hon’ble Mr. Justice Basu Deo Agarwal, Former Judge of Gauhati High Court was proposed to be appointed as the sole arbitrator, who will decide the dispute arising by and between the parties subject to furnishing of a written declaration. Page No.# 3/3 3] Accordingly, the proposed arbitrator has submitted his written declaration under Section 12(1) of the Arbitration and Conciliation Act, 1996 dated 19.06.2026, whereby the proposed Arbitrator has expressed no difficulty or handicapped for being appointed as an Arbitrator. 4] The copy of the written declaration is kept on the case record. 5] In that view of the matter the nomination of Hon’ble Mr. Justice Basu Deo Agarwal, Former Judge of Gauhati High Court is hereby confirmed and he is appointed as the sole Arbitrator to decide on the disputes arising by and between the parties pursuant to the Contract Agreement No.CESZ/LKP/20 of 2021-2022. 6] In view of the order passed today, the parties will now appear before the learned Arbitrator on 28.08.2026 and place a copy of this order. Thereafter, the learned Arbitrator will initiate the proceedings. 7] This arbitration petition is accordingly stand disposed of in terms of the above. 8] Copy of this order shall be communicated to the learned Arbitrator by the Registry of this Court. JUDGE Comparing Assistant