M/S Asean Agencies Vs the Union of India and 4 Ors. — Arbitration | Gauhati HC (2025)

M/S Asean Agencies Vs the Union of India and 4 Ors. — Arbitration | Gauhati HC (2025)

What the court decided

AI extract

Outcome

Appointment of Justice P.K. Musahary, Former Judge of the Gauhati High Court, as sole Arbitrator for the disputes between the parties; parties directed to appear before him on 21.04.2025.

Issue for consideration

Whether Justice P.K. Musahary, Former Judge of the Gauhati High Court, having furnished the written declaration required under Section 12(i) of the Arbitration and Conciliation Act, 1996 confirming no disqualification, is to be appointed as sole Arbitrator to resolve the disputes between the petitioner and the respondents.

Ratio / Principle

Justice P.K. Musahary, Former Judge of the Gauhati High Court, is appointed as the sole Arbitrator to resolve the disputes between the petitioner and the respondents pertaining to the earthwork and minor bridges work between Mualkhang and Sairang on the new BG Railway Line from Bairabi to Sairang (Mizoram).

Key takeaways

The parties are directed to appear before the learned Arbitrator on 21.04.2025, after which the Arbitrator shall proceed to act as sole Arbitrator as per the earlier order dated 13.03.2025.ratio¶27

Detailed headnote1 paragraphs

Arbitration Petition (Arb.P./25/2024, decided 07.04.2025, Gauhati High Court, Soumitra Saikia, J.) disposed of: pursuant to the Court's earlier order dated 13.03.2025, Justice P.K. Musahary, Former Judge of the Gauhati High Court, having placed before the Court the written declaration required under Section 12(i) of the Arbitration and Conciliation Act, 1996 confirming that there is no disqualification for him to act, is appointed as sole Arbitrator to resolve the disputes between M/s ASEAN Agencies and the Union of India and others (N.F. Railway) relating to the work 'Earthwork Cutting and Construction of Minor Bridges, Retaining Wall, Pucca Approach Road to Alignment, and Other Ancillary Work' between Chainage Km 46/820 to Km 49/200 between Station Mualkhang and Sairang, in connection with the new BG Railway Line from Bairabi to Sairang (Mizoram). Parties directed to appear before the Arbitrator on 21.04.2025.

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GAHC010135612024

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

Case No. : Arb.P./25/2024

M/S ASEAN AGENCIES

REPRESENTED BY ITS PROPRIETOR- SRI TARIK TALOM AGED ABOUT 47 YEARS, S/O- TAROK TALOM PRESENTLY RESIDING AT H/NO- HARMONY APARTMENT, VIP ROAD, P.O./ NOONMATI, P.S. SATGAON, GUWAHATI- 26, DISTRICT- KAMRUP (M), ASSAM

VERSUS

THE UNION OF INDIA AND 4 ORS

REPRESENTED BY THE SECRETARY, RAILWAY BOARD, GOVT. OF INDIA, RAIL BHAWAN, RAFI MARG, NEW DELHI- 110001

2:THE GENERAL MANAGER CONSTRUCTION MALIGAON NORTH EAST FRONTIER RAILWAY GUWAHATI ASSAM

3:THE CHIEF ADMINISTRATIVE OFFICER CONSTRUCTION MALIGAON NORTH EAST FRONTIER RAILWAY GUWAHATI ASSAM

4:THE CHIEF ENGINEER CONSTRUCTION/II MALIGAON NORTH EAST FRONTIER RAILWAY GUWAHATI ASSAM

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5:THE DEPUTY CHIEF ENGINEER CONSTRUCTION AIZWAL MALIGAON NORTH EAST FRONTIER RAILWAY GUWAHATI ASSA

Advocate for the Petitioner : MR A SAIKIA, R BARMAN

Advocate for the Respondent : DY.S.G.I., MR. K GOGOI

BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

ORDER

07.04.2025

Heard Ms. N. Saikia, learned counsel appearing for the petitioner. Also heard Mr. K. Gogoi, learned CGC appearing for respondents.

Pursuant to the order dated 13.03.2025 passed by this Court Justice P.K. Musahary, Former Judge of the Gauhati High Court was appointed as sole Arbitrator to resolve the disputes arising by between the petitioner and the respondents, subject to written declaration has been required under Section 12(i) of the Arbitration and Conciliation Act, 1996.

The said written declaration has been placed before the Court today by the writ petitioner.

Justice P.K. Musahary, Former Judge of the Gauhati High Court, has issued a written declaration confirming that there is no disqualification for him to act as the sole Arbitrator to resolve the disputes between the writ petitioner and the

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respondents.

In that view of the matter, Justice P.K. Musahary, Former Judge of the Gauhati High Court, is hereby appointed as the sole Arbitrator to resolve the disputes arising between the petitioner and the respondents, pertaining to the work titled “Earthwork Cutting and Construction of Minor Bridges, Retaining Wall, Pucca Approach Road to Alignment, and Other Ancillary Work between Chainage Km 46/820 to Km 49/200, between Station Mualkhang and Sairang, in connection with the construction of the new BG Railway Line from Bairabi to Sairang (Mizoram).” The parties are therefore directed to appear before the learned Arbitrator on 21.04.2025, after which the learned Arbitrator shall proceed to act as the sole Arbitrator as per the earlier order.

The Arbitration Petition disposed of in terms of the above.

JUDGE

Comparing Assistant