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2025 DAILYLAW 3805 (GAU)

CEMOSA-INTROSOFT-PRABHA (JV) v. THE GENERAL MANAGER, NORTHEAST FRONTIER RAILWAY (CONSTRUCTION) AND 2 ORS.

Arb.P./25/2025 · 2026-08-13

Soumitra Saikia

body2025

Judgment text

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Page No.# 1/3 GAHC010134122025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Arb.P./25/2025 CEMOSA-INTROSOFT-PRABHA (JV) A JOINT VENTURE, HAVING ITS REGISTERED OFFICE AT 502, 5TH FLOOR, DD 5 BUILDING, DISTRICT CENTRE, JANAKPURI, NEW DELHI-110058 AND PRESENTLY LOCATED AT 6TH FLOOR, UNIT NO.-696-697, PLOT NO. 06, VEGAS MALL, SECTOR-14, DWARKA, NEW DELHI-110078 AND IS REPRESENTED THE THROUGH ITS AUTHORIZED REPRESENTATIVE ARSHAD ALI, S/O ANWAR ALI, AGED ABOUT 39 YEARS, R/O 2303, NISHAT CGHS, PLOT NO-05, SECTOR-19 B, DWARKA, NEW DELHI-110075 VERSUS THE GENERAL MANAGER, NORTHEAST FRONTIER RAILWAY (CONSTRUCTION) AND 2 ORS. MALIGAON, GUWAHATI-11, KAMRUP (M), ASSAM 2:THE CHIEF ENGINEER /CONSTRUCTION NORTHEAST FRONTIER RAILWAY (CONSTRUCTION) MALIGAON GUWAHATI-11 KAMRUP (M) ASSAM 3:THE DEPUTY CHIEF ENGINEER/CON/SURVEY NORTHEAST FRONTIER RAILWAY (CONSTRUCTION) MALIGAON GUWAHATI-11 KAMRUP (M) ASSA Advocate for the Petitioner : MR D DEKA, MR N J KUMAR Advocate for the Respondent : DY.S.G.I., MR H GUPTA (C.G.C) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 14.08 .2026 Heard the learned counsel for the petitioner. Also heard Mr. H. Gupta, learned CGC for the respondents. 2] Pursuant to the directions contained in the order dated 28.07.2026, whereby Hon’ble Mr. Justice Mir Alfaz Ali (Former Judge of Gauhati High Court) was proposed to be appointed as the sole arbitrator to decide the dispute arising by and between the parties subject to furnishing of a written declaration. 3] Accordingly, the proposed arbitrator has submitted his written declaration under Section 12(1) of the Arbitration and Conciliation Act, 1996 dated 08.08.2026, whereby the proposed Arbitrator has expressed no difficulty or handicapped for being appointed as the Sole 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 Mir Alfaz Ali (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.CON/M-T/2478 dated 20.09.2018. Page No.# 3/3 6] In view of the order passed, 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