Page No.# 1/3 GAHC010052322024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Arb.P./14/2024 M/S RKE-SHIMRAY (JV) SHIMRAY VILLA, NAGARAM BLOCK-E, PO LAMLONG, PS LAMPHEL, DIST IMPHAL EAST MANIPUR, 795010, REPRESENTED BY ITS AUTHORISED SIGNATORY SRI THEMREINGAM A SHIMRAY, SON OF SRI A SHIMRAY, AGE 45 YEARS, RESIDENT OF SHIMRAY VILLA NAGARAM BLOCK E, PO LAMLONG, PS LAMPHEL, DIST IMPHAL EAST MANIPUR, 795010, VERSUS UNION OF INDIA AND ORS REPRESENTED BY THE SECRETARY TO THE MINISTRY OF RAILWAYS, GOVT OF INDIA, RAIL BHAWAN, RAISINA HILLS, NEW DELHI, 781006 2:THE NORTHEAST FRONTIER RAILWAY REPRESENTED BY THE CHIEF ENGINEER/CONSTRUCTION-II NF RAILWAYS HEAD QUARTER MALIGAON GUWAHATI 78011 ASSAM 3:THE CHIEF ENGINEER/CONSTRUCTION-II NF RAILWAYS HEAD QUARTER MALIGAON GUWAHATI 78011 ASSAM 4:THE DEPUTY CHIEF ENGINNER (CONSTRUCTION-IV) NF RAILWAYS HEAD QUARTER MALIGAON GUWAHATI 78011 ASSAM Page No.# 2/3 5:SENIOR ASSISTANT FINANCIAL ADVISER NF RAILWAYS HEAD QUARTER MALIGAON GUWAHATI 781011 ASSA Advocate for the Petitioner : MR. D J KAPIL, MR. D M NATH,MR G RAHUL Advocate for the Respondent : DY.S.G.I., MRS. R DEVI BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 13.06.2025 Heard Mr. D.J. Kapil, learned counsel appears for the petitioner. Also heard Mrs. R. Devi, learned DSGI appears for the respondents. By earlier order dated 20.05.2025, this Court appointed Justice H.N. Sarma, Former Judge of the Gauhati High Court, as the sole arbitrator to arbitrate and decide the disputes arising between the parties in relation to the contract agreement bearing No. CON/D-H/2455 dated 12.07.2018. The said agreement pertains to the execution of the work titled: "Construction of standard 120 units Type-II, 16 units Type-III, and 3 units Type-IV quarters at Jagiroad, Aujuri, Chaparmukh, Laopani, Kampur, Jamunamukh, and Jugijan stations, including all other ancillary works, in connection with the Digaru to Hojai Doubling Project of N.F. Railway." The appointment of the learned arbitrator was made subject to the submission of a written declaration in terms of Section 12 of the Arbitration and Conciliation Act, 1996, to be furnished by the prospective arbitrator. Page No.# 3/3 The learned counsel for the petitioner has submitted that the written declaration by Justice H.N. Sarma, Former Judge, Gauhati High Court, expressing no difficulty or hardship in acting as the arbitrator pursuant to the appointment order dated 20.05.2025, has been received. Although the written declaration does not reflect any date, the learned counsel states that the declaration was received only yesterday from the office of the prospective arbitrator. Considering the submissions of the learned counsel for both the petitioner and the respondents, this Court hereby confirms the appointment of Justice H.N. Sarma, Former Judge, Gauhati High Court, to act as the arbitrator to decide the disputes arising out of the contract agreement No. CON/D-H/2455 dated 12.07.2018 executed between the parties. The parties will appear before the arbitrator within three (3) weeks from today. Let a copy of this order be communicated by the Registry to Justice H.N. Sarma, Former Judge, Gauhati High Court, who is appointed as the arbitrator by this Court. A copy of the written declaration is kept on record. The matter stands disposed of. The written declaration, having been placed before the Court, is received and retained as part of the case records. JUDGE Comparing Assistant