Disposed

M/S. T.K.Das and Co. v. the Assam University and 4 Ors.

Gauhati HC13 Sept 2021Arb.P./27/2020

Case brief

AI extract

What is this about?

Petitioner sought arbitrator appointment due to non-payment under construction agreements with Assam University. Court noted lack of response and missing records from respondents. Proceeded to appoint sole arbitrator citing contract clause and statutory provisions.

What did the court decide?

Appointed Shri Bishnu Debnath as sole arbitrator and disposed of the petition.

M/S. T.K.Das and Co. Vs the Assam University and 4 Ors. — Arbitration | Gauhati HC (2021)

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Page No.# 1/4

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GAHC010123112020

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : Arb.P./27/2020

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M/S. T.K.DAS AND CO.

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REP. BY ITS PARTNER SHRI PROSENJIT DAS, AGED ABOUT 44 YEARS, S/OLT. TUKAN KUMAR DAS, HAVING ITS H.O. AT R.36, NIRMALA SRITI M.M.SARANI, RANGIRKHARI, SILCHAR-5, P.S. SILCHAR, DIST.- CACHAR, ASSAM, PIN- 788001

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VERSUS

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THE ASSAM UNIVERSITY AND 4 ORS. SILCHAR, CACHAR, PIN- 788011

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2:THE VICE-CHANCELLOR ASSAM UNIVERSITY SILCHAR CACHAR PIN- 788011

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3:THE REGISTRAR ASSAM UNIVERSITY SILCHAR CACHAR PIN- 788011

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4:THE DY. REGISTRAR (ENGG.) ASSAM UNIVERSITY SILCHAR CACHAR PIN- 788011

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5:THE EXECUTIVE ENGINEER ASSAM UNIVERSITY SILCHAR

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Page No.# 2/4

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CACHAR PIN- 78801

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Advocate for the Petitioner : MR. S K GHOSH

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Advocate for the Respondent : SC, ASSAM UNIVERSITY

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BEFORE HONOURABLE MR. JUSTICE N. KOTISWAR SINGH

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ORDER

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Date : 13-09-2021

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Heard Mr. S.K. Ghosh, learned counsel for the petitioner. Also heard Ms. P. Das, learned counsel, appearing on behalf of Mr. S.C. Keyal, learned Standing Counsel, Assam University, Silchar.

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2. The matter pertains to a dispute arising out of the two agreements dated 03.07.2014 between the petitioner and the Assam University, Silchar relating to (i) Construction of Information Technology Building (First Floor and part of Second Floor) at Assam University, Silchar and (ii) Construction of Agricultural Engineering Building (First Floor and part of Second Floor) at Assam University, Silchar.

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3. It is submitted that a dispute has arisen regarding non-payment for construction of retention wall of the two buildings. The petitioner, accordingly, raised a demand vide notice dated 06.04.2018 requesting the University authorities to make payment of Rs.6,23,800.00 (Rupees Six Lakhs Twenty Three Thousand Eight Hundred) only payable to the petitioner failing which the matter be referred to arbitrator in terms of Clause 16 of the aforesaid two agreements.

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4. However, there has been no response from the University authorities, which compelled the petitioner to file this petition for appointment of an arbitrator.

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5. Ms. Das, learned counsel, submits that the respondents have not filed any affidavit and, as such, she is not in a position to submit anything in the absence of any specific instructions in that regard.

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Page No.# 3/4

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6. It is submitted that though she had informed the University authorities seeking instructions, the same have not been made available to her on the plea that the records are missing.

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7. Heard learned counsel for the parties. Also perused the materials on record.

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8. Though this petition has been filed as far back as on 11.09.2020 and notice was issued on 22.01.2021, there has been no response from the University authorities purportedly on the ground that the records are not available. Moreover, there is no affidavit in that regard.

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9. Under the circumstances, this Court will proceed to dispose of the matter.

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10. This Court has perused the two agreements of the same date entered into between the parties. Both the agreements have similar provisions for dispute resolution by appointment of a sole arbitrator under Clause 16. Clause 16 reads as follows:-

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“16. In case of any disputes regarding the contract and its execution, the matter will be referred to a sole Arbitrator to be appointed by the University whose decision shall be final and binding for both the parties. The Civil Court shall have no jurisdiction to entertain any dispute regarding the same.”

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11. Accordingly, in the absence of any response from the Assam University, this Court appoints Shri Bishnu Debnath, retired District and Sessions Judge, Vivekananda Road, Silchar as the sole arbitrator in terms of the agreements dated 03.07.2014.

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12. The arbitrator may disclose his willingness and also would be required to disclose if there be any circumstances, which may come in the way of acting as arbitrator as required under Section 12(1) of the Arbitration and Conciliation Act, 1996.

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13. Registry shall accordingly inform the proposed arbitrator Shri Bishnu Debnath, retired District and Sessions Judge, Vivekananda Road, Silchar about the order passed today.

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14. Parties will be also at liberty to inform the proposed arbitrator about this order passed.

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Page No.# 4/4

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15. The petition is, accordingly, disposed of.

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JUDGE

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Comparing Assistant

M/S. T.K.Das and Co. v. the Assam University and 4 Ors.

Case brief

What is this about?

What did the court decide?

M/S. T.K.Das and Co. v. the Assam University and 4 Ors.

Case brief

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