Leading Edge Adventures and Airparks Pvt. Ltd v. The State of Nagaland and 3 Ors

ORDER Date : 07.11.2024 Heard Mr. K. L. Michael, learned counsel for the petitioner. Also heard Mr. Imti Imsong, learned Additional Advocate General, for the State respondent. This is an application under Section 34 of the Arbitration and Conciliation Act, 1996, seeking setting aside of the Arbitral Award dated 29.02.2024, which was delivered/pronounced on 16.03.2024 passed by the Arbitral Tribunal. Section 34 of the Act provides re-course to the Court having Principal Civil Court of original jurisdiction in a district and including the High Court in exercise of its ordinary original civil jurisdiction against the arbitral award. In terms of the Assam High Court order, 1948, Order 4, the Gauhati High Court does not have the ordinary original civil jurisdiction and therefore the present application is not maintainable. Mr. K. L. Michael, learned counsel for the petitioner, submits that he may be allowed to withdraw the application in order to enable him to file the same before the appropriate forum. Prayer is allowed. Page No.# 3/3 The arbitration petition stands dismissed on withdrawal with liberty as prayed for.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC020003232024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : Arb.P./2/2024 LEADING EDGE ADVENTURES AND AIRPARKS PVT. LTD THROUGH CAPTR. SATISH PATHANIA MANAGING DIRECTOR H.NO. 1206, NEW JAI BHARAT APTT PLOT NO. 5, SECTOR-4, DWARKA NEW DELHI-110075 VERSUS THE STATE OF NAGALAND AND 3 ORS THROUGH THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND 2:THE COMMISSIONER AND SECRETARY GOVT. OF NAGALAND TRANSPORT DEPT. NAGALAND KOHIMA 3:THE GENERAL MANAGER NAGALAND STATE TRANSPORT TRANSPORT DEPT. NAGALAND DIMAPUR 4:THE SECRETARY GOVT. OF NAGALAND MUNICIPAL AFFAIRS DEPT. KOHIMA NAGALAN Advocate for the Petitioner : K LUIKANG MICHAEL (EB LEGAL), Advocate for the Respondent : GOVT ADV NL, Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE KAUSHIK GOSWAMI