Geo Tech Infrastructure v. Basu-Shimray (Jv) and Anr

ORDER Date : 19.07.2024

Heard Mr. G.N. Sahewalla, learned Senior Counsel assisted by Mr. M. Sahewalla, learned counsel for the petitioners. Also heard Mr. A. Chetia, learned counsel for respondent No.1 and Ms. N.N. Sharma, learned counsel for Railways.

¶2This is an application under Section 11 of the Arbitration and Conciliation Act, 1996. The learned counsel for the petitioner has referred to the Arbitration Clause, which is available in the Sub-Contract Agreement. In the agreement by and between the parties, there is a Sub-Contract, which reflects that all disputes relating to the agreement will be mutually settled and in case of any differences the same will be decided by the Arbitrator. It is submitted that because of differences which arose out of the contract, a notice under Section 21 of the Arbitration and Conciliation Act, 1996 was issued by the petitioner dated

22.11.2022. It is submitted that the same was duly received. However, they did not take any steps for appointment of the Arbitrator.

¶3Mr. A. Chetia, learned counsel for respondent No.1 submits that he has no objection if the Court appoints an Arbitrator as for reasons beyond their control, they failed to appoint an Arbitrator in terms of the notice dated 22.11.2022 issued under Section 21 of the Arbitration and Conciliation Act, 1996. Accordingly, since it is established that inspite of the statutory notice under Section 21 of the Arbitration and Conciliation Act, 1996, the Arbitrator as required was not appointed and as the agreement itself contains an arbitration Page No.# 3/3 clause to appoint an Arbitrator where differences and disputes, this Court is of the view that the petitioners have succeeded in establishing their case that the direction under Section 11 (6) of the Arbitration and Conciliation Act, 1996 is required to be issued.

¶4Ms. N.N. Sharma, learned counsel for Railways does not object to the prayer of the petitioner. Accordingly, parties appearing before the Court, namely, petitioner and respondent No.1 have agreed that retired District and Sessions Judge, Smti. Chaya Rani Goswami may be appointed as an Arbitrator.

¶5The learned counsels for the parties submit that her name also appears in the Notification No. 99 published by the Gauhati High Court dated 4th August, 2023 reflecting the names of the Arbitrators that may be appointed by Court under Section 11 of the Arbitration and Conciliation Act, 1996. Accordingly, this Court directs that Smti. Chaya Rani Goswami, retired District and Sessions Judge, be appointed as an Arbitrator and the Tribunal will decide the disputes raised before it in connection/arising out of the Contract executed by and between the parties will appear before the Arbitrator appointed on 12.08.2024. The Arbitrator will formally convey her consent as is required under the provisions of the Arbitration and Conciliation Act, 1996 and if she expresses her consent, then the arbitrator will proceed in the arbitration expeditiously.

¶6Arbitration petition is accordingly disposed of in terms of the above. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010016792023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oArb.P./8/2023o GEOoTECHoINFRASTRUCTUREo AoPARTNERSHIPoFIRMoHAVINGoITSoREGDoOFFICEoAToHoNO.o1-110/71oANDo 72,oGROUNDoFLOOR,oGOLDENoTULIPoESTATES,oKONDAPUR,o SERILINGAMPALLY,oRAANGAoREDDYoDIST-oTELANGANAoANDoISoREP.oBYo ITSoMANAGINGoPARTNERoCoSUDHAKARoREDDY,oS/O-oCoBHOOMoREDDY,o R/O-oHNO.o1-110/71oANDo72oGOLDENoTULIPoESTATES,oKONDAPUR,o SERILINGAMPALLY,oRANGAoREDDYoDIST-oTELANGANA-o500084 VERSUSo BASU-SHIMRAYo(JV)oANDoANRo HAVINGoITSoHEADoOFFICEoAToHOTELoSHIROYoCLASSIC,oPALTANoBAZAR,o SOLAPARAoROAD,oGUWAHATI-o781008oANDoISoREP.oBYoITSoLEADoPARTNERo TUMLEEoBOGUM 2:NORTHEASToFRONTIERoRAILWAY oREP.oBYoGM/CONS.oOFFICEoOFoTHEoGM/oCON oNEFoRAILWAY oMALIGAON oGHY-otio AdvocateoforotheoPetitionerooooo:oMRoGoNoSAHEWALLAo AdvocateoforotheoRespondento:oDY.S.G.I.oo ooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA