Disposed

N. K. Construction and Suppliers v. the Union of India and 4 Ors.

Gauhati HC13 May 2024Arb.P./44/2023

Case brief

AI extract

What is this about?

The Gauhati High Court appointed a retired judge as the sole arbitrator for a dispute involving additional work claims under an agreement. The court also issued notice provisions regarding the arbitrator's disclosure.

What did the court decide?

Appointment of Hon'ble Mr. Justice (Retd.) Mir Alfaz Ali as sole arbitrator and notice issued for disclosure under Section 12.

N. K. Construction and Suppliers Vs the Union of India and 4 Ors. — Arbitration | Gauhati HC (2024)

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Page No.# 1/3

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GAHC010231332023

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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./44/2023

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N. K. CONSTRUCTION AND SUPPLIERS

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A PROPRIETORSHIP FIRM HAVING ITS OFFICE AT SEUNI ALI, OPPOSITE SBI, BORPOOL, A.T. ROAD, JORHAT-785001 (ASSAM) AND IS REPRESENTED BY NAND KISHORE RATHI WHO IS THE PROPRIETOR OF THE PETITIONER PROPRIETORIAL CONCERN AND IS R/O SEUNI ALI, A.T. ROAD, JORHAT, ASSAM

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VERSUS

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THE UNION OF INDIA AND 4 ORS. REPRESENTED BY THE COMMISSIONER, MINISTRY OF WATER RESOURCES RIVER DEVELOPMENT AND GANGA REJUVENATION, 2ND FLOOR, BLOCK-3, CGO COMPLEX, LODHI ROAD, NEW DELHI-110003

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2:THE BRAHMAPUTRA BOARD REPRESENTED BY THE CHAIRMAN BRAHMAPUTRA BOARD BASISTHA GUWAHATI-781029

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3:THE CHIEF ENGINEER-II BRAHMAPUTRA BOARD BASISTHA GUWAHATI-781029

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4:THE SUPERINTENDING ENGINEER BRAHMAPUTRA BOARD JORHAT CIRCLE DISTRICT-JORHAT-785001 ASSAM

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5:THE EXECUTIVE ENGINEER

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Page No.# 2/3

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BRAHMAPUTRA BOARD LAKHIMPUR DIVISION NORTH LAKHIMPUR ASSA

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Advocate for the Petitioner : MR G N SAHEWALLA

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Advocate for the Respondent : DY.S.G.I.

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BEFORE HONOURABLE MR. JUSTICE NELSON SAILO

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ORDER

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Date : 14-05-2024

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Heard Mr. G.N. Sahewalla, learned Senior Counsel assisted by Ms. K. Sarma, learned counsel for the petitioner and Mr. H. Gupta, learned CGC for the respondents.

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By filing this application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act), the petitioner prays for appointment of a sole arbitrator to adjudicate the differences between the parties as stipulated in the agreement entered by the parties on 16.03.2016. Referring the Clause 25(ii) of Agreement, the learned Senior Counsel submits that the provision for appointing sole arbitrator has been stipulated and accordingly, this Court may appointment a sole arbitrator.

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Mr. H. Gupta, learned CGC on the other hand submits that for the additional work carried out by the contractor and the claims made towards the work executed, the matter was referred to the Tender Evaluation Committee for their considered view. According to the instructions he has received, the Tender Evaluation Committee is of the view that the claims made by the contractor are beyond the provisions of the Contract Agreement and the negotiation attempted

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was without any success.

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In view of what has been submitted as recorded hereinabove, this Court deems it appropriate to appoint Hon’ble Mr. Justice (Retd.) Mir Alfaz Ali, a former judge of this Court to be the sole arbitrator.

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Let a notice under Section 11 (8) of the Act be issued to the appointed sole arbitrator seeking disclosure in terms of the Sub-Section (1) of Section 12 of the Act.

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It is further provided herein that if any difficulty is expressed on the part of the appointed arbitrator, the petitioner will be at liberty to file appropriate application for appointment of another arbitrator. But for the above observations, the arbitration petition stands disposed of.

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JUDGE

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Comparing Assistant

N. K. Construction and Suppliers v. the Union of India and 4 Ors.

Case brief

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N. K. Construction and Suppliers v. the Union of India and 4 Ors.

Case brief

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What the court decided

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Statutes considered

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