Jwil- Ranhill Jv v. Guwahati Metropolitan Development Authority and Anr

ORDER

06.09.2024 Heard Ms. P. Agarwal, learned counsel for the petitioner. Also heard Mr. S. Bora, learned Standing Counsel, GMDA.

¶2The present application has been filed under Section 11 (6) of the Arbitration and Conciliation Act, 1996, for appointment of an arbitrator to resolve the dispute arising between the parties.

¶3In terms of the earlier order dated 16.08.2024, Hon'ble Mr. Justice Bishewasar Prasad Singh, a former judge of Hon'ble Bombay High Court and Hon'ble Mr. Justice Chittaranjan, a former Judge of Gauhati High Court have furnished a disclosure in writing expressing their willingness to act as Arbitrators for the petitioner as well as the respondents respectively as per the nominations made by the parties. In terms of the disclosure submitted before this Court today, this Court accordingly disposes of this arbitration petition by appointing Hon'ble Mr. Justice Bishewasar Prasad Singh, , a former judge of Hon'ble Bombay High Court and Hon'ble Mr. Justice Chittaranjan Sharma, a former Judge of Gauhati High Court to act as nominated Arbitrators for the parties and to proceed for appointment of a 3rd Arbitrator in terms of the Clause 45.5 of the Page No.# 3/3 agreement dated 13.03.2012 entered by and between the parties in respect of JICA assisted GWSP(ID-P 201) – Contract Package C#01: Approval towards engagement of Arbitrator for Arbitration case no.2/2024 (JWIL-RANHILL vs. Guwahati Metropolitan Development Authority & Ors.)-Reg. A copy of this order be furnished to Hon'ble Mr. Justice Bishewasar Prasad Singh and Hon'ble Mr. Justice Chittaranjan Sharma by the respective parties and thereafter, the learned arbitrators will proceed to appoint the 3rd Arbitrator as per the terms of the agreement dated 13.03.2012.

¶4In terms of the above, the arbitration petition stands closed.

¶5The disclosure forms are kept in the case records.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010010122024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oArb.P./2/2024o JWIL-oRANHILLoJVo (CONSORTIUMoOFoJITFoWATERoINFRASTRUCTUREoLIMITED,oINDIAoANDo RANHILLoUTILITIESoSDNoBHD.,oMALAYSIA)oREPRESENTEDoBYoITSo DEPUTYoGENERALoMANAGER,oSRIoVIKASoJAIN,oANDoHAVINGoITSo PRINCIPALoPLACEoOFoBUSINESSoATo28,oSHIVAJIoMARG,oNEWoDELHI- 110015. VERSUSo GUWAHATIoMETROPOLITANoDEVELOPMENToAUTHORITYoANDoANRo THORUGHoITSoCHIEFoEXECUTIVEoOFFICER,oSTATFEDoBUILDING,oGMCHo ROAD,oBHANGAGARH,oGUWAHATI-781005,oASSAM 2:PROJECToIMPLEMENTATIONoUNIT oJICAoASSISTEDoGWSP oSAIKIAoCOMMERCIALoCOMPLEXo4THoFLOOR oCHRISTIANoBASTI oGSoROAD oGUWAHATI-781005 oASSAo AdvocateoforotheoPetitionerooooo:oMSoPoAGARWAL,oMRoIoHASIEB,MR.oBoJoDASo AdvocateoforotheoRespondento:oSC,oGoMoDoA,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA