On the Death of Joymonta Thaosen v. National Highway Authority of India

ORDER

28.06.2023

Heard Mr. D. Talukdar, learned counsel for the applicant and Mr. C. Barua, learned counsel for the opposite party. Page No.# 3/4

¶2This interlocutory application is preferred by eight applicants namely, Smti Manjo Thaosen; Sri Joyjet Thousen; Sri Kalidhar Thousen; Sri Juhulal Thousen; Tufanjay Thousen; Miss Mayami Thousen; Sri Ringjen Thousen; and Miss Dimashri Thousen, being the legal heirs of Shri Joymonta Thaosen for substituting the name of the arbitrator as "Commissioner, Central Assam Division Nagaon Camp at Guwahati" in place of "Commissioner, Barak Valley Division" in the order dated 20.10.2022, passed by this court Arbitration Appeal No. 16/2015.

¶3It is submitted at the Bar that this court, vide order dated 20.10.2022, in Arbitration Appeal no. 16/2015, has appointed the "Commissioner Barak Valley Division" as the Arbitrator and the directed the parties to appear before him. But, vide letter dated 13.12.2022, the "Commissioner Barak Valley Division" has informed the Deputy Registrar of this court that the office of the Commissioner of Hills & Barak Valley Division was re-named as "Commissioner Barak Valley Division" in the year 2016 with a curtailment of two district of Dima Hasao and Karbi Anglong from this Division. This resulted in the creation of another Division i.e. "Central Assam Division" with Dima Hasao and three other districts. As the area involved in the instant case falls beyond the jurisdiction of "Commissioner Barak Valley Division", he prays for substituting the name of the arbitrator as "Commissioner, Central Assam Division", Nagaon, Camp at Guwahati, in place of Commissioner, Barak Valley Division.

¶4Mr. Barua, learned counsel for the opposite party submits that he has no objection in the event of allowing this IA by substituting the "Commissioner, Central Assam Division, Nagaon" in place of "Commissioner, Barak Valley Division".

¶5Having heard the submission of learned counsel for both the parties and Page No.# 4/4 considering the facts and circumstances on the record and also as agreed by submission of learned counsel for both the parties, "Commissioner, Central Assam Division, Nagaon" stands substituted in place of "Commissioner, Barak Valley Division" in the order dated 20.10.2022, in Arbitration Appeal no. 16/2015.

¶6Now, the exercise, as directed in the order dated 20.10.2022, has to be carried out within a period of 3 [three] months from today.

¶7This order, [passed in I.A.(Civil)/1697/2023] has to be read with the order dated 20.10.2022, passed in Arbitration Appeal no. 16/2015, for all the purposes. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010129952023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/1697/2023o ONoTHEoDEATHoOFoJOYMONTAoTHAOSENo HISoLEGALoHEIRS 1.1:oSMToMANJOoTHAOSEN oW/OoLATEoJOYMONTAoTHAOSEN oVILL-oNATUNoDIALOTHI oP.O.oANDoMOUZA-oLANGSTING oDIST-oDIMAoHASAO oASSAM 1.2:oJOYJEToTHOUSEN oS/OoLATEoJOYMONTAoTHAOSEN oVILL-oNATUNoDIALOTHI oP.O.oANDoMOUZA-oLANGSTING oDIST-oDIMAoHASAO oASSAM 1.3:oKALIDHARoTHOUSEN oS/OoLATEoJOYMONTAoTHAOSEN oVILL-oNATUNoDIALOTHI oP.O.oANDoMOUZA-oLANGSTING oDIST-oDIMAoHASAO oASSAM 1.4:oJUHULALoTHOUSEN oS/OoLATEoJOYMONTAoTHAOSEN oVILL-oNATUNoDIALOTHI oP.O.oANDoMOUZA-oLANGSTING oDIST-oDIMAoHASAO oASSAM 1.5:oTUFANJAYoTHOUSEN oS/OoLATEoJOYMONTAoTHAOSEN oVILL-oNATUNoDIALOTHI Page No.# 2/4 P.O. AND MOUZA- LANGSTING DIST- DIMA HASAO ASSAM 1.6: MISS MAYAMI THOUSEN D/O LATE JOYMONTA THAOSEN VILL- NATUN DIALOTHI P.O. AND MOUZA- LANGSTING DIST- DIMA HASAO ASSAM 1.7: RINGJEN THOUSEN S/O LATE JOYMONTA THAOSEN VILL- NATUN DIALOTHI P.O. AND MOUZA- LANGSTING DIST- DIMA HASAO ASSAM (MINOR) 1.8: MISS DIMASHRI THOUSEN D/O LATE JOYMONTA THAOSEN VILL- NATUN DIALOTHI P.O. AND MOUZA- LANGSTING DIST- DIMA HASAO ASSAM (MINOR VERSUS NATIONAL HIGHWAY AUTHORITY OF INDIA SHANKAR MISSION ROAD, IN FRONT OF ITI NAGAON, ASSAM-782001 Advocate for the Petitioner : MS. S MEDHI Advocate for the Respondent : SC, NHAI BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN