Court closed the arbitration petition as the petitioner filed an affidavit confirming the arbitrator's consent. The matter is remitted to the appointed arbitrator for expeditious proceedings.
Arbitration petition closed; parties directed to appear before arbitrator appointed on 09.08.2024.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010099622023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Arb.P./17/2023
BADRI RAI AND COMPANY STATION ROAD, P.O.- DULIAJAN- 786602, DISTRICT- DIBRUGARH, ASSAM (LEAD) REPRESENTED BY PRABHAKAR PRASAD SRIVASTAVA, AGE- 59 YEARS.
VERSUS
ASSAM PROJECT ON FOREST BIODIVERISTY CONVERSATION SOCIETY (APFBCS) AND ANR. PROJECT MANAGEMENT UNIT, 3RD FLOOR, ARANYA BHAWAN PANJABARI, GUWAHATI-781037, ASSAM, REPRESENTED BY ITS DIRECTOR.
2:DIVISIONAL FOREST OFFICER NAGAON DIVISION NAGAON
OFFICE OF THE DIVISIONAL FOREST OFFICER
DEPARTMENT OF ENVIRONMENT AND FORESTS
ASSAM- 782001
Advocate for the Petitioner : MR. U K NAIR
Advocate for the Respondent : MR. D GOGOI
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Linked Case : Arb.P./18/2023
BADRI RAI AND COMPANY STATION ROAD P.O.- DULIAJAN- 786602 DISTRICT- DIBRUGARH ASSAM (LEAD) REPRESENTED BY PRABHAKAR PRASAD SRIVASTAVA AGE- 59 YEARS.
VERSUS ASSAM PROJECT ON FOREST AND BIODIVERSITY CONVERSATION SOCIETY (APFBCS) AND ANR PROJECT MANAGEMENT UNIT 3RD FLOOR ARANYA BHAWAN PANJABARI GUWAHATI-781037 ASSAM REPRESENTED BY ITS DIRECTOR. 2:DIVISIONAL FOREST OFFICER NAGAON DIVISON NAGAON OFFICE OF THE DIVISIONAL FOREST OFFICER DEPARTMENT OF ENVIRONMENT AND FORESTS ASSAM- 782001. -----------Advocate for : MR. U K NAIR Advocate for : MR. D GOGOI appearing for ASSAM PROJECT ON FOREST AND BIODIVERSITY CONVERSATION SOCIETY (APFBCS) AND ANR
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 17.07.2024
Heard Mr. S.P. Sharma, learned counsel for the petitioner. Also heard Mr. D.Gogoi, learned Standing Counsel, Forest Department.
It is submitted that pursuant to the order dated 15.05.2024 passed by
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this Court whereby Justice B.D. Agarwal, former Judge of the Gauhati High Court was nominated as an Arbitrator and the petitioner/applicant was directed to take necessary steps.
It is submitted by the learned counsel for the petitioner/applicant that an affidavit to that effect has been filed on 01.06.2024, which is available in the case record. He further submits that the learned Arbitrator has already given his consent for redressing the disputes as an Arbitrator between the parties.
The copy of the consent is enclosed as Annexure 4 in the said additional affidavit that has been filed. Copies of the affidavit have also been received by the learned Standing Counsel, Forest department.
Since the learned Arbitrator has expressed consent pursuant to the order dated 15.05.2024 passed by this Court, nothing further needs to be decided.
The learned Arbitrator is requested to proceed in the matter expeditiously.
The parties will appear before the learned Arbitrator appointed on 09.08.2024.
The parties will communicate the order to the learned Arbitrator.
The Arbitration petition is accordingly, stands closed in terms of the order passed today.
JUDGE
Comparing Assistant
Badrai Rai and Company
Assam Project on Forest and Biodiversity Conversation Society
Divisional Forest Officer, Nagaon
Soumitra Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
