M/s Capital Agro Forestry Nursery v. The State of Ap and 3 Ors.
Arbitration – Appointment of arbitrator
Case brief
What is this about?
Gauhati High Court, Itanagar Bench; WP(C)/38/2026; decided 04.02.2026; single Bench of Justice Sanjay Kumar Medhi. Petitioner: M/s Capital Agro Forestry Nursery (proprietor Chaong Yangda); counsel Tsering Gyatso with Phurpa Tsering, Tayom Gamoh, Logsang Yountan, Dejum Tally; respondents: State of Arunachal Pradesh (Chief Secretary, Principal Chief Conservator of Forest, Chief Conservator of Forest, Conservator of Forest (Planning and FDA)); respondent counsel GA (AP). Writ petition seeking mandamus for appointment of neutral arbitrator under MOU dated 25.11.2021 (Clause 7 arbitration clause) and disposal of notice dated 24.12.2025 dismissed as non-maintainable since the Arbitration and Conciliation Act, 1996 provides the statutory avenue for appointment of an arbitrator; liberty granted to move under the Act. Keywords: writ maintainability, arbitration, mandamus, MOU, Clause 7, neutral arbitrator, notice dated 24.12.2025.