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2025 DAILYLAW 7776 (GAU)

KANTI DAS v. KISHAN AGENCIES PRIVATE LIMITED AND ANR

Arb.P./5/2024 · 2025-02-27

Soumitra Saikia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010033112024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Arb.P./5/2024 KANTI DAS SOLE PROPRIETOR OF M/S SUMMER 88 PVT. LTD., R/O- AZARA, KONAPARA, DIST. KAMRUP(M), ASSAM, PIN- 781017. VERSUS KISHAN AGENCIES PRIVATE LIMITED AND ANR REP. BY ITS DIRECTOR MR. RISHABH HIMATSINKA, REGISTERED OFFICE AT P.P.-101, NAZRUL ISLAM AVENUE, KRISHNAPUR, KOLKATA, WEST BENGAL, PIN- 700059. 2:RISHABH HIMATSINKA P.P.-101 NAZRUL ISLAM AVENUE KRISHNAPUR KOLKATA WEST BENGAL PIN- 700059 LOCAL CORRESPONDENCE ADDRESS- ORIENTAL BISTO RESTURANT 1ST FLOOR ADITYAM BUILDING G.S. ROAD BEHIND KFC ULUBARI LACHIT NAGAR GUWAHATI DIST. KAMRUP(M) ASSAM PIN- 781007 Advocate for the Petitioner : SONESWAR SAIKIA, MR. S SAIKIA,MR U DAS Advocate for the Respondent : MS G DEKA (r-1,2), MS. K KALITA (r-1,2) Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 28.02 .2025 Heard Mr. S. Saikia, learned counsel for the petitioner. None represents the respondents. Pursuant to the earlier order date 27.01.2025, this Court had appointed Mr. Justice H.N. Sarma, former Judge of Gauhati High Court to act as a sole arbitrator to arbitrate between the disputes arising between the parties subject to written declaration as required under section 12(5) of the Arbitration Conciliation Act, 1996. Today Mr. Saikia has placed before the Court the written declaration dated 18.02.2022. The proposed learned Arbitrator has issued the written declaration under section 12(5) of the Arbitration Conciliation Act, 1996 declaring that there is no objection or infirmity in being appointed as an arbitrator to decide the disputes arising by and between the parties. Copy of the said declaration is placed before the Court and is kept in the case record. In view of the written declaration being submitted, the appointment of the proposed arbitrator Justice H.N. Sarma, former Judge of Gauhati High Court is confirmed. The parties will appear before the Arbitrator on 07.03.2025. The learned Arbitrator appointed will commence the arbitration proceeding as per procedure of law. Page No.# 3/3 The writ petition is accordingly disposed of in terms of the above. JUDGE Comparing Assistant