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2025 DAILYLAW 8915 (GAU)

SUSHILA DEVI BERIA v. ASHOK KUMAR BERIA

Arb.P./12/2025 · 2025-09-23

Soumitra Saikia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010049582025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Arb.P./12/2025 SUSHILA DEVI BERIA W/O- LATE SANTOSH BERIA, R/O- GROUND FLOOR, BERIA BUNGLOW, AAROGYA BHAWAN ROAD, GABRUPATHER, WARD NO. 21, PO PS AND DIST- DIBRUGARH 786001, ASSAM VERSUS ASHOK KUMAR BERIA S/O- LATE NETRAM BERIA, R/O- BERIA HOUSE, 1ST FLOOR, JYOTINAGAR, AROGYA BHAWAN ROAD, GABRUPATHER, WARD NO. 21, PO, PS AND DIST- DIBRUGARH- 786001, ASSAM Advocate for the Petitioner : MR G N SAHEWALLA, MR M SAHEWALLA,MS. S. TODI,MS G DUGAR Advocate for the Respondent : MR. BHASKAR DUTTA, SENIOR ADVOCATE, MS L RONGPIPI,MR JITENDRA DAS,MR. SAILENDRA DEKA Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 24.09.2025 Heard Ms. K. Sarma, learned counsel for the petitioner. Also heard Mr. J Das, learned counsel for the respondent. By order dated 17.09.2025, this Court upon hearing the parties had considered appointing Smt. Chaya Rani Goswami, AJS, Retired District and Sessions Judge, Assam to act as the sole Arbitrator to arbitrate on the disputes arising by and between the petitioner and the respondent pursuant to the execution of the partnership deed dated 11.01.2020. However, the appointment was subject to the written declaration required to be submitted under Section 12(1) of the Arbitration and Conciliation Act, 1996 by the prospective Arbitrator. The learned prospective Arbitrator has placed her written declaration which has been placed before the Court. By the said declaration, the prospective Arbitrator has disclosed that there is no difficulty or hardship being appointed as an Arbitrator to arbitrate and resolve the disputes by and between the parties. The Court has perused the written declaration placed before the Court. In view of the written declaration, the appointment of the prospective Arbitrator Smt. Chaya Rani Goswami, AJS, Retired District and Sessions Judge, Assam made by the order dated 17.09.2025 is hereby confirmed. Smt. Chaya Rani Goswami, AJS, Retired District and Sessions Judge, Assam is appointed as an Arbitrator to arbitrate and decide the disputes arising by and between the parties. The parties will appear before the Arbitrator on 16.10.2025. Once the parties appear before the Arbitrator appointed, the learned Arbitrator will proceed to initiate the arbitration proceedings as per Page No.# 3/3 procedure prescribed under law. Let a copy of this order be communicated by the Registry to Smt. Chaya Rani Goswami, AJS, Retired District and Sessions Judge, Assam. In view of the above, the arbitration petition stands disposed of. JUDGE Comparing Assistant