S M Interior Private Limited v. Union of India and 2 Ors

O R D E R

13.05.2024

This is an Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 challenging the orders dated 30.08.2023 and 07.09.2023 passed in Misc.(Arb) No.45/2023 by the learned Additional District Judge No.2, Kamrup (M) at Guwahati.

¶2It has been brought to the attention of this Court that pursuant to the order passed on 07.09.2023, the respondents have duly appeared before the learned Court wherein Section 9 proceedings have been Page No.# 3/3 initiated and also filed their written objection. Under such circumstances, this Court is of the opinion that the continuance of these two parallel proceedings is not warranted. It has also been brought to the attention of this Court that the hearing of the said Misc.(Arb) No.45/2023 has been kept in abeyance in view of the pendency of the instant Appeal.

¶3Accordingly, this Court disposes of the instant Appeal thereby directing the learned Additional District Judge No.2, Kamrup (M) at Guwahati to dispose of the said Misc.(Arb) No.45/2023 as expeditiously as possible.

¶4Taking into account that there is an abeyance by the Court itself in view of the pendency of the instant Appeal, this Court directs the parties to appear before the learned Additional District Judge No.2, Kamrup (M) at Guwahati on 27.05.2024. On that date, the learned Additional District Judge No.2, Kamrup (M) at Guwahati shall fix the matter for hearing and shall dispose of the said proceedings preferably within 3 (three) months.

¶5In view of the above, the instant Appeal stands disposed of.

¶6Return the LCR.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010217132023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oArb.A./9/2023o SoMoINTERIORoPRIVATEoLIMITEDo AoCOMPANYoINCORPORATEDoUNDERoCOMPANIESoACT,o1956,oHAVINGoITSo REGISTEREDoOFFICEoATo6,oPURBAoMEDINIPUR,oA/19,oDURGACHAKo COLONY,oHALDIA-o721602,oWESToBENGAL,oREP.oBYoPOWERoOFoATTORNEYo HOLDERoSHRIoSHAIKHoSARFARAZoALAM,oAGEDoABOUTo33oYEARS. VERSUSo UNIONoOFoINDIAoANDo2oORS.o REP.oBYoGENERALoMANAGERoN.oF.oRAILWAY,oMALIGAON,oGUWAHATI-o 781011. 2:THEoCHIEFoENGINEER/oCONSTRUCTION-oII oN.F.oRAILWAY oMALIGAON oGUWAHATI-o781011. 3:THEoDEPUTYoCHIEFoENGINEER/oCON/BAIRABIoAToSILCHAR oN.F.oRAILWAY oSILCHAR-o788003 oASSAMo oLinkedoCaseo:oI.A.(Civil)/2940/2023 SoMoINTERIORoPRIVATEoLIMITED AoCOMPANYoINCORPORATEDoUNDERoCOMPANIESoACT o1956 oHAVINGoITSoREGISTEREDoOFFICEoATo6 oPURBAoMEDINIPUR oA/19 oDURGACHAKoCOLONY oHALDIA-o721602 Page No.# 2/3 WEST BENGAL REP. BY POWER OF ATTORNEY HOLDER SHRI SHAIKH SARFARAZ ALAM AGED ABOUT 33 YEARS. VERSUS UNION OF INDIA AND 2 ORS. REP. BY GENERAL MANAGER N. F. RAILWAY MALIGAON GUWAHATI- 781011. 2:THE CHIEF ENGINEER/ CONSTRUCTION- II N.F. RAILWAY MALIGAON GUWAHATI- 781011. 3:THE DEPUTY CHIEF ENGINEER/ CON/BAIRABI AT SILCHAR N.F. RAILWAY SILCHAR- 788003 ASSAM. For the applicant (s) : Mr. A. A. Ahmed, Advocate For the respondent (s) : Mr. H. Gupta, CGC BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH