Gauhati High Court
Kanti Das vs Kishan Agencies Private Limited And Anr on 28 February, 2025
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/3
GAHC010033112024
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Arb.P./5/2024
KANTI DAS
SOLE PROPRIETOR OF M/S SUMMER 88 PVT. LTD., R/O- AZARA,
KONAPARA, DIST. KAMRUP(M), ASSAM, PIN- 781017.
VERSUS
KISHAN AGENCIES PRIVATE LIMITED AND ANR
REP. BY ITS DIRECTOR MR. RISHABH HIMATSINKA, REGISTERED OFFICE
AT P.P.-101, NAZRUL ISLAM AVENUE, KRISHNAPUR, KOLKATA, WEST
BENGAL, PIN- 700059.
2:RISHABH HIMATSINKA
P.P.-101
NAZRUL ISLAM AVENUE
KRISHNAPUR
KOLKATA
WEST BENGAL
PIN- 700059
LOCAL CORRESPONDENCE ADDRESS- ORIENTAL BISTO RESTURANT
1ST FLOOR ADITYAM BUILDING
G.S. ROAD
BEHIND KFC ULUBARI
LACHIT NAGAR
GUWAHATI
DIST. KAMRUP(M)
ASSAM
PIN- 781007
Advocate for the Petitioner : SONESWAR SAIKIA, MR. S SAIKIA,MR U DAS
Advocate for the Respondent : MS G DEKA (r-1,2), MS. K KALITA (r-1,2)
Page No.# 2/3
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
28.02.2025 Heard Mr. S. Saikia, learned counsel for the petitioner. None represents the respondents.
Pursuant to the earlier order date 27.01.2025, this Court had appointed Mr. Justice H.N. Sarma, former Judge of Gauhati High Court to act as a sole arbitrator to arbitrate between the disputes arising between the parties subject to written declaration as required under section 12(5) of the Arbitration Conciliation Act, 1996.
Today Mr. Saikia has placed before the Court the written declaration dated 18.02.2022.
The proposed learned Arbitrator has issued the written declaration under section 12(5) of the Arbitration Conciliation Act, 1996 declaring that there is no objection or infirmity in being appointed as an arbitrator to decide the disputes arising by and between the parties.
Copy of the said declaration is placed before the Court and is kept in the case record.
In view of the written declaration being submitted, the appointment of the proposed arbitrator Justice H.N. Sarma, former Judge of Gauhati High Court is confirmed.
The parties will appear before the Arbitrator on 07.03.2025. The learned Arbitrator appointed will commence the arbitration proceeding as per procedure of law.
Page No.# 3/3 The writ petition is accordingly disposed of in terms of the above.
JUDGE Comparing Assistant