Abdul Jalil Sheikh v. Union of India and Anr

ORDER

10.01.2024 Heard Shri B. Choudhury, learned counsel for the petitioner, who is the same in all these three petitions filed under Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of arbitrator.

¶2This Court had issued notice in these petitions and the respondents are represented by Shri H. Gupta, Ms. A. Gayan and Shri K. Gogoi, learned CGC respectively in these petitions.

¶3The learned counsel for the petitioner has referred to the relevant Clause 25 which lays down the provision for resolution of disputes by way of arbitration.

¶4Though, the learned counsel for the respondents had raised certain objections pertaining to the format of the claim and that the notice was not issued by the party and by the Advocate, such objections are not found to be substantial in nature and therefore this Court proposes to dispose of these petitions by appointment of an arbitrator. It may however be recorded that the learned counsel for the respondents are not opposing in principle for resolution of the dispute by the way prescribed in the contract.

¶5After considering the facts and circumstances and also taking into consideration the relevant clause in the contract, the instant petitions are Page No.# 4/4 disposed of by appointing Shri Justice B.P. Katakey (Retd.) of the Gauhati High Court to act as the arbitrator to resolve the dispute between the parties.

¶6Consequently, the parties are required to approach the learned Arbitrator within a period of 2(two) weeks from today and on such appearance, the learned Arbitrator would fix the schedule in accordance with law and conduct the proceedings.

¶7The petitions are accordingly disposed of.

¶8Let a copy of this order be furnished to the learned Arbitrator by the Registry of this Court to do the needful. JUDGE Comparing Assistant

Page No.# 1/4 GAHC010190772023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Arb.P./26/2023 ABDUL JALIL SHEIKH A REGISTERED GOVT. CONTRACTOR, HAVING ITS REGISTERED OFFICT AT LALUKA, A.T. ROAD, P.O. MOHANAGHAT, DIBRUGARH 786008, ASSAM VERSUS UNION OF INDIA AND ANR REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF COMMUNICATIONS, GOVERNMENT OF INDIA, NEW DELHI.NEW DELHI-1 2:THE EXECUTIVE ENGINEER POSTAL CIVIL DIVISION MEGHDOOT BHAWAN GUWAHATI-78100 1 ASSAM Advocate for the Petitioner : S.M. HASSAN Advocate for the Respondent : DY.S.G.I. Linked Case : Arb.P./28/2023 ABDUL JALIL SHEIKH A REGISTERED GOVT. CONTRACTOR HAVING ITS REGISTERED OFFICT AT LALUKA A.T. ROAD P.O. MOHANAGHAT Page No.# 2/4 DIBRUGARH 786008 ASSAM VERSUS UNION OF INDIA AND ANR REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF COMMUNICATIONS GOVERNMENT OF INDIA NEW DELHI. 2:THE EXECUTIVE ENGINEER POSTAL CIVIL DIVISION MEGHDOOT BHAWAN GUWAHATI-781001 ------------ Advocate for : S.M. HASSAN Advocate for : DY.S.G.I. appearing for UNION OF INDIA AND ANR Linked Case : Arb.P./27/2023 ABDUL JALIL SHEIKH A REGISTERED GOVT. CONTRACTOR HAVING ITS REGISTERED OFFICT AT LALUKA A.T. ROAD P.O. MOHANAGHAT DIBRUGARH 786008 ASSAM VERSUS THE UNION OF INDIA SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF COMMUNICATIONS GOVT OF INDIA NEW DELHI-1 2:THE EXECUTIVE ENGINEER POSTAL CIVIL DIVISION MEGHDOOT BHAWAN Page No.# 3/4 GUWAHATI ------------ Advocate for : S.M. HASSAN Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI