Gauhati High Court
Smt. Nandita Das vs Smt Dhanasmita Das And Anr on 11 May, 2026
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/3
GAHC010008292026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Arb.P./1/2026
SMT. NANDITA DAS
D/O LATE MOHAN CH DAS, PERMANENT R/O KALPATARU, C.K.H. PATH,
SONARIPATTY, NEW MARKET, DIBRUGARH WEST, DIST.- DIBRUGARH-
786001, ASSAM AND ALSO AT PRESENT R/O FLAT NO 4B, BLOCK A, HOUSE
NO 13, SATYA AMIYA APARTMENT, P.P. ROAD, REHABARI, GUWAHATI-
781008, AND ALSO RESIDENT OF B-1603, BHOOMI HEIGHTS, SION-PANVEL
EXPY, SECTOR-8, KHARGHAR, NAVI MUMBAI, MAHARASHTRA-410210
VERSUS
SMT DHANASMITA DAS AND ANR
D/O LATE MOHAN CHANDRA DAS, R/O DHUPDHARA, PT. III, P.O.-
DHUPDHARA, DIST.- GOALPARA, ASSAM- 783123 AND ALSO R/O
KALPATARU, C.K.H. PATH, SONARIPATTY, NEW MARKET, DIBRUGARH
WEST, P.O AND DIST.- DIBRUGARH- 786001, ASSAM AND AT PRESENT R/O
GROUND FLOOR, MAHANTA BHABAN, HATIGAHR CHARIALI, HOUSE NO.
1, ASOMI PATH, GUWAHATI-781021, DIST- KAMRUP (M), ASSAM
2:SMT. GEETASHREE DAS
D/O LATE MOHAN CHANDRA DAS
R/O HOUSE NO. 8
AALYAM
BYE LANE NO. 3
RUPALI PATH
R.G.B. ROAD
ZOO ROAD
GUWAHATI-781024
ASSAM
ALSO R/O KALPATARU
C.K.H. PATH
SONARIPATTY
NEW MARKET
Page No.# 2/3
DIBRUGARH WEST
P.O AND DIST.- DIBRUGARH- 786001
ASSA
Advocate for the Petitioner : MR. N ALAM, S A BAKHTIAR
Advocate for the Respondent : MR. A SARMA(R1), MS. A SHARMA(R2),MS S
PATOWARY(R2),MR R SINGHA(R2),MR. K KALITA(R1)
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
11.05.2026 Heard Mr. N. Alam, learned counsel for the petitioner.
2. Pursuant to the notices being issued by the Court in this arbitration petition filed by the petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator, Mr. A. Sarma and Mr. R. Singha, learned counsels have entered appearances for respondents Nos. 1 and 2 respectively.
3. Mr. A. Sarma, learned counsel for the respondent No.1 submits that he is agreeable to resolve the matter through arbitration and does not object to the prayer made for appointment of an arbitrator.
4. Considering the submissions at the bar and also considering the fact that this Court as a referral Court has examined the pleadings available before the Court and has found that there is a valid arbitration clause requiring the parties to resort to arbitration in the event of any disputes arising between the parties.
Page No.# 3/3 Also in response to the notice under Section 21 issued by the petitioner calling upon the respondents to appoint an arbitrator, no reply was forthcoming from the respondents and as a consequence this arbitration petition has been filed. In view of the submissions made by the learned counsel for the respondents, this Court exercising the powers under Section 11(6) of the Arbitration and Conciliation Act hereby appoints Justice Mr. Manojit Bhuyan, former judge of this Court to act as a sole arbitrator to arbitrate and decide on the disputes arising by and between the parties.
5. Let the Registry communicate this order to Mr. Justice Manojit Bhuyan, former judge of the Gauhati High Court.
6. The prospective learned arbitrator will file a written declaration as required under Section 12(1) of the Arbitration and Conciliation Act, 1996 by expressing that there is no difficulty for him to be appointed as the sole arbitrator to decide on this matter. The parties are also at liberty to communicate this order to the prospective arbitrator.
7. Let this matter be listed on 05.06.2026.
8. Copy of this order be marked to the Registrar (Judicial).
JUDGE Comparing Assistant