Disposed¶27

Neha Builders v. Jonali Kalita

Arbitration – appointment of arbitrator

Gauhati HC8 Jan 2025Arb.P./28/2024

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What is this about?

Gauhati High Court order dated 09.01.2025 in Arb.P./28/2024 (Neha Builders represented by Managing Partner Aldrin Ahmed v. Jonali Kalita), Justice Soumitra Saikia: confirmation of appointment of Justice P.K. Mushahary (retired Former Judge, Gauhati High Court) as sole Arbitrator upon furnishing of declaration under Section 12(5) of the Arbitration and Conciliation Act, 1996; disputes relate to agreement dated 01.02.2022; parties to appear before the Arbitrator on 07.02.2025; petition disposed of. No precedents cited.

What did the court decide?

Appointment of Justice P.K. Mushahary (retired Former Judge of Gauhati High Court) as sole Arbitrator confirmed; both parties directed to appear before the Arbitrator on 07.02.2025. ¶27

Neha Builders Vs Jonali Kalita — Arbitration | Gauhati HC (2025)

Page No.# 1/3

GAHC010157842024

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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./28/2024

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NEHA BUILDERS

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REPRESENTED BY ITS MANAGING PARTNER ALDRIN AHMED, S/O- LATE ALEN AHMED, PRESENTLY RESIDING AT BELTOLA, BASISTHA ROAD, NEW CID OFFICE (SURVEY) GUWAHATI, DIST. KAMRUP(M), ASSAM

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VERSUS

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JONALI KALITA

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W/O- SRI HIREN KALITA, R/O- NARENGI HOUSING COLONY, NOONMATI, GUWAHATI, DIST. KAMRUP(M), ASSAM

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Advocate for the Petitioner : MS N SAIKIA, R BARMAN

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Advocate for the Respondent : MR B PATHAK, MR. M SHARMAH

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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09.01.2025

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Heard Mr. B. Hazarika, learned counsel for the respondents. However,

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none appears for the petitioner.

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Page No.# 2/3

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This Court by order dated 18.12.2024 proposed the name of Justice P.K. Mushahary (retired Former Judge of Gauhati High Court) as an Arbitrator subject to furnishing of the declaration under Section 12 (5) of the Arbitration and Conciliation Act, 1996.

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Pursuant to the order passed and a copy thereof being placed before the learned prospective Arbitrator by communication dated 04.01.2025 and the declaration under Section 12(5) of the Act has been furnished by the learned prospective Arbitrator.

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Although learned counsel for the petitioner is not present today, learned counsel for the respondents submits that in view of the declaration of the learned prospective Arbitrator appointment be confirmed and the parties be directed to appear before the Arbitrator within a fixed period of time.

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The documents available before the Court has been perused. By communication dated 04.01.2025 learned prospective Arbitrator Justice P.K. Mushahary (retired Former Judge of Gauhati High Court) has submitted his declaration expressing no difficulty to act as an Arbitrator, if appointed.

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Under such circumstances, since the declaration under Section 12 (5) of the Act has been duly filed by the learned prospective Arbitrator, the appointment of the learned prospective Arbitrator by the order dated

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Page No.# 3/3

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18.12.2024 is hereby confirmed.

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Justice P.K. Mushahary (retired Former Judge of Gauhati High Court) will act as a sole Arbitrator to decide on the disputes arising by and between the patties pursuant to the agreement dated 01.02.2022.

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Accordingly, without fail, both the parties are directed to present before the Arbitrator appointed by this Court on 07.02.2025.

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With the above direction, the matter stands disposed of.

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JUDGE

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Comparing Assistant

Neha Builders v. Jonali Kalita

Case brief

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Neha Builders v. Jonali Kalita

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