The Gauhati High Court closed an Arbitration Petition as infructuous after the petitioner conceded to the respondents' offer of a three-arbitrator panel. No substantive legal principle was established.
Arbitration Petition closed as infructuous.
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GAHC010219852017
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Arb.P. 33/2017
1:BRAHMAPUTRA INFRASTRUCTURE LTD.
INCORPORATED UNDER COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT BRAHMAPUTRA HOUSE, A-7 MAHIPALPUR NH 8-MAHIPALPUR CROSSING NEW DELHI-110037 AND HAVING ONE OF ITS OFFICE AT 4TH FLOOR, ROYAL PLAZA, OPP. INTERNATIONAL HOSPITAL, G.S. ROAD, CHRISTIAN BASTI, GHY-5, ASSAM, INDIA REPRESENTED BY PRADEEP HARLALKA WHO IS THE AUTHORIZED SIGNATORY OF THE PETITIONER COMPANY AND IS RESIDENT OF FLAT NO.102, BILPAR, CHATRIBARI, P.S. PALTAN BAZAR, GUWAHATI, KAMRUP, ASSAM
VERSUS
1:BRAHMAPUTRA CRACKER and POLYMER LTD. and ANR.
A JOINT VENTURE COMPANY OF FAIL INDIA LTD., OIL, NRL and GOVT. OF ASSAM, HAVING ITS REGISTERED OFFICE AT 1ST FLOOR, HOUSE NO.6 BHUBAN ROAD UZAN BAZAAR GHY-1, ASSAMHOTEL BRAHMAPUTRA ASHOK, M.G.ROAD, GUWAHATI AND ITS BCPL PROJECT SITE LEPETKATA, DIBRUGARH ASSAM REPRESENTED BY ITS CHAIRMAN, BCPL PROJECT SITE KEPETKATA, DIBRUGARHASSAM
2:THE MANAGING DIRECTOR
BRAHMAPUTRA CRACKER and POLYMER LTD. A JOINT VENTURE COMPANY OF FAIL INDIA LTD. OIL NRL and GOVT. OF ASSAM HAVING ITS REGISTERED OFFICE AT 1ST FLOOR HOUSE NO.6 BHUBAN ROAD UZAN BAZAAR GHY-1 ASSAMHOTEL BRAHMAPUTRA ASHOK M.G.ROAD GUWAHATI AND ITS BCPL PROJECT SITE LEPETKATA DIBRUGARH ASSA
Advocate for the Petitioner : MS.R JAIN
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Advocate for the Respondent : MR. S S ROY
BEFORE HONOURABLE MR. JUSTICE ARUP KUMAR GOSWAMI
ORDER
Date : 03-04-2018
Heard Mr. G. N. Sahewalla, learned Senior counsel, appearing for the petitioner. Also heard Mr. S. Borthakur, learned counsel appearing for the respondents.
It is submitted by Mr. Sahewalla that during the pendency of this arbitration petition, the respondents had furnished a panel of three arbitrators to the petitioner to select one of them as arbitrator to arbitrate on the dispute in between the parties, and the petitioner has agreed for arbitration through Hon’ble Mr. Justice Kailash Gambhir (retired), whose name also figures in the panel of three names. Therefore, no further order is called for in this petition, he submits.
Mr. Borthakur submits that in view of the above stand of the petitioner, the Arbitration Petition may be closed as infructuous.
Having heard the learned counsel for the parties, this Arbitration Petition is closed as infructuous.
JUDGE
Comparing Assistant
Brahmaputra Infrastructure Ltd.
Brahmaputra Cracker and Polymer Ltd.
The Managing Director, Brahmaputra Cracker and Polymer Ltd.
Arup Kumar Goswami
As recorded by the court registry
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