Dismissed¶32

On the Death of Pabitra Jiban Baruah His Legal Heir- Sri Samadeet Baruah v. M/S. Sizzler Retail and Leisures Pvt. Ltd. and 2 Ors.

Gauhati HC8 Jun 2025I.A.(Civil)/2791/2023

Case brief

AI extract

What is this about?

Dismissal for non-pursuance of arbitration petition Arb.P./35/2016, Gauhati High Court, Justice Soumitra Saikia, 09.06.2025; petitioner Samadeet Baruah (legal heir of Pabitra Jiban Baruah) absent, counsel withdrew Vakalatnama filed 13.03.2025; no alternative arrangement intimated; petition dismissed and closed; interim orders vacated; pending interlocutory applications including I.A.(Civil)/2791/2023 dismissed; parties: Sizzler Retail and Leisure's Pvt. Ltd., Sanjev Thaakur, Rajiv Thaakur.

What did the court decide?

It appears the petitioner is not inclined to pursue the present proceeding; the arbitration petition therefore stands dismissed and closed. ¶32

On the Death of Pabitra Jiban Baruah His Legal Heir… — Company and Corporate | Gauhati HC (2025)

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GAHC010228472016

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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./35/2016

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ON THE DEATH OF PABITRA JIBAN BARUAH HIS LEGAL HEIR- SRI SAMADEET BARUAH

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S/O LT. PABITRA JIBAN BARUAH, R/O- ZOO ROAD TINIALI, H.N. 17, PINAKI PATH, P.S.- GEETA NAGAR, DIST- KAMRUP(M), ASSAM, PIN-781003.

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VERSUS

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M/S. SIZZLER RETAIL and LEISURE'S PVT. LTD. and 2 ORS.

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A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS OFFICE AT HOUSE NO.212, OPP. AIDC, R.G.B.ROAD, GUWAHATI, KAMRUP METRO, REP. BY ITS DIRECTOR, SRI SANJEV THAKUR

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2:SANJEV THAAKUR S/O SRI MATADIN THAKUR R/O A.K. AZAD ROAD REHABARI NEAR M/S CLIMATE CREATORS GHY-8 ASSAM

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3:RAJIV THAAKUR S/O SRI MATADIN THAKUR R/O A.K. AZAD ROAD REHABARI NEAR M/S CLIMATE CREATORS GHY-8 ASSA

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Advocate for the Petitioner : MR.S BORTHAKUR, MR.C CHAKRABORTY,MR.J ROY,MR.R HAZARIKA,MS.S KAKATI

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Advocate for the Respondent : ,

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Linked Case : I.A.(Civil)/2791/2023

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ON THE DEATH OF PABITRA JIBAN BARUAH HIS LEGAL HEIR- SRI SAMADEET BARUAH S/O LT. PABITRA JIBAN BARUAH R/O- ZOO ROAD TINIALI H.N. 17 PINAKI PATH P.S.- GEETA NAGAR DIST- KAMRUP(M) ASSAM PIN-781003. VERSUS M/S. SIZZLER RETAIL and LEISURES PVT. LTD. and 2 ORS. A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS OFFICE AT HOUSE NO.212 OPP. AIDC R.G.B.ROAD GUWAHATI KAMRUP METRO REP. BY ITS DIRECTOR SRI SANJEV THAKUR 2:SANJEV THAAKUR S/O SRI MATADIN THAKUR R/O A.K. AZAD ROAD REHABARI NEAR M/S CLIMATE CREATORS GHY-8 ASSAM 3:RAJIV THAAKUR S/O SRI MATADIN THAKUR R/O A.K. AZAD ROAD REHABARI NEAR M/S CLIMATE CREATORS GHY-8 ASSAM ------------

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Advocate for : MR. J ROY

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Advocate for : appearing for M/S. SIZZLER RETAIL and LEISURES PVT. LTD. and 2 ORS.

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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09.06.2025

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None appears for the petitioner on call.

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None appears for the petitioner on several earlier dates.

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Earlier on 05.03.2025 and 24.03.2025 the learned counsel representing the petitioner appeared before the Court to submit that they withdrew the Vakalatnama and the application for withdrawal of Vakalatnama was filed on 13.03.2025, which was duly received by the Registry.

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The Registry was permitted to intimate the petitioner about the withdrawal of the engaged counsel to make alternative arrangement.

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Pursuant thereto the Registry issued notice to the petitioner for withdrawal of Vakalatnama on 24.03.2025.

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The Office Note dated 05.06.2025 reflects that no intimation has been received from the petitioner as regards making any alternative arrangement following the withdrawal of the earlier engaged counsel.

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In that view of the matter, it appears that the petitioner is not inclined to

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pursue the present proceeding. The arbitration petition therefore, stands dismissed and closed.

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Interim order, if any, that may have been passed stands vacated.

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Pending Interlocutory Applications are also dismissed.

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JUDGE