Vasishta Construction Pvt. Ltd v. The State of Tripura and Anr

HIGH COURT OF TRIPURA _A_G_A_R_T_A_L_A_ Arb. P. No.12 of 2025

Vasishta Construction Pvt. Ltd., A company registered under the Companies Act, 1956 Having its registered office at Plot No.216, 217, 220 & 221, 3rd Floor, Hallmark One, Khajaguda Serillingampally Mandal, Hyderabad, Ranga Reddy-500089, Telangana and is represented through its Authorized representative Mr. Tutan Chakraborty S/o. Basudeb Chakraborty, Resident at Kakraban Bipin Nagar, Gomati District, Tripura State, PIN-799105 ...... Petitioner(s) V E R S U S

¶1The State of Tripura, Represented by the Commissioner & Secretary to the Government of Tripura, PWD Department

¶2The Project Director, Project Implementation Unit (PIU) ADB, Project, Udaipur, Tripura, Office of the Superintendent Engineer, 3rd Circle, PWD(R & B), Udaipur, Gomati District, Tripura

..…. Respondent(s)

For Petitioner(s) : Mr. Kundan Pandey, Advocate.

For Respondent(s) : Mr. Kohinoor N Bhattacharya, G.A. Mr. Dipankar Sharma, Addl. G.A.

HON'BLE THE CHIEF JUSTICE MR. M.S. RAMACHANDRA RAO =O=R=D=E=R= 21/11/2025

Heard counsel for the petitioner and learned Government Advocate for the respondents.

2.

This application has been filed under section 11(6) of the Arbitration and Conciliation Act, 1996 seeking appointment of an arbitrator to resolve the disputes between the parties arising out of the agreement dated

19.03.2021 entered into between them.

3.

Clause 20.6 is the arbitration clause and provides for arbitration in accordance with the Indian law, since the contract is a domestic contract based in Hyderabad.

4.

The applicant had issued a notice on 01.04.2025 to the second respondent seeking appointment of an arbitrator claiming a sum of Rs.10.72 crores approximately from the respondents. The respondent gave a reply on

30.04.2025 opposing the appointment of an arbitrator and disputing the claims made by the applicant.

5.

Thereafter, this application has been filed on 09.09.2025 and on

19.09.2025, Addl. G.A. had accepted notice on behalf of the respondents and sought time to file the counter-affidavit. However, no counter-affidavit has been filed till date but a statement has been made by Sri Kohinoor N Bhattacharya for both the respondents stating that they have no objection for appointment of an arbitrator.

6.

In view of the said submission, this application is allowed and Justice Goda Raghuram, former Judge, High Court of Andhra Pradesh, Plot No. 1099, Road No. 36, Jubilee Hills, Hyderabad-500033 is hereby appointed as an arbitrator to adjudicate the dispute between the parties subject to submission of his consent and a declaration in terms of Section 12 read with Schedule VI of the Arbitration and Conciliation Act, 1996.

7.

Learned Arbitrator is requested to take into consideration the Schedule of Model Fee prescribed under Schedule IV and the timeline prescribed under Section 29-A of the Arbitration and Conciliation Act, 1996 as amended.

8.

Registry is directed to communicate the instant order along with a copy of the entire pleadings of the instant application to the learned Arbitrator forthwith.

9.

The instant petition is disposed of. Pending application(s), if any, shall also stand disposed of.

(M.S. RAMACHANDRA RAO, CJ)

Sabyasachi B PULAK BANIK Date: 2025.11.25 15:36:33 +05'30'