Gauhati High Court
Chandan Deka vs North East Frontier Railway ... on 25 July, 2022
Author: N. Kotiswar Singh
Bench: N. Kotiswar Singh
Page No.# 1/3
GAHC010025312022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Arb.P./7/2022
CHANDAN DEKA
S/O- LATE UTTAM CH. DEKA, R/O- HOUSE NO. 14, AMRIT NAGAR,
BASISTHA CHARIALI, GUWAHATI-29, DIST.-KAMRUP(METRO).
VERSUS
NORTH EAST FRONTIER RAILWAY (CONSTRUCTION ORGANISATION)
AND ANR
REP. BY THE GENERAL MANAGER/ CONSTRUCTION, MALIGAON,
GUWAHATI-781011, KAMRUP(M), ASSAM
2:CHIEF ENGINEER/ CONSTRUCTION -V
NORTH EAST FRONTIER RAILWAY (CONSTRUCTION ORGANISATION)
MALIGAON
GUWAHATI-781011
KAMRUP(M)
ASSA
Advocate for the Petitioner : MR G N SAHEWALLA
Advocate for the Respondent : SC, RAILWAY
Linked Case : Arb.P./5/2022
CHANDAN DEKA
S/O- LATE UTTAM CH. DEKA
R/O- HOUSE NO. 14
Page No.# 2/3
AMRIT NAGAR
BASISTHA CHARIALI
GUWAHATI-29
DIST.- KAMRUP(M)
ASSAM
VERSUS
NORTH EAST FRONTIER RAILWAY AND ANR
(CONSTRUCTION ORGANISATION)
REP. BY THE GENERAL MANAGER / CONSTRUCTION
MALIGAON
GUWAHATI-781011
KAMRUP(M)
ASSAM
2:CHIEF ENGINEER/ CONSTRUCTION-V
NORTH EAST FRONTIER RAILWAY (CONSTRUCTION ORGANISATION)
MALIGAON
GUWAHATI-781011
KAMRUP(M)
ASSAM
------------
Advocate for : MR G N SAHEWALLA Advocate for : SC RAILWAY appearing for NORTH EAST FRONTIER RAILWAY AND ANR BEFORE HON'BLE MR. JUSTICE N. KOTISWAR SINGH Order 25-07-2022 Heard Mr. M. Sahewalla, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned Standing Counsel, Railway for the respondents.
2. The present petitions have been filed for appointment of an Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 and are taken up together.
3. When the matters were taken up it has been submitted by the learned counsel for the Page No.# 3/3 parties that both the counsel are agreeable to refer the matter for arbitration before an Arbitrator to be appointed from amongst the panel of Arbitrators maintained by the Railway Authorities.
4. Mr. B. Sarma, learned Standing Counsel, Railway has placed the written instructions dated 21.06.2022 before this Court, whereby the Railway authorities have conveyed that they would be ready to appoint an arbitrator from amongst the Railway approved panel of Arbitrators, provided that the claim is reduced to 20% of the Contract Agreement (CA) value as per para-47 of the CA in both the cases i.e. Arb.P. No.7/2022 and Arb.P. No.5/2022.
5. Mr. M. Sahewalla, learned counsel for the petitioner, submits that he would not be averse if the Railway authorities appoint any Arbitrator from amongst the Railway approved panel of Arbitrators and he is also ready to reduce the claim as proposed by the Railway authorities and in fact, the petitioner has already written a letter on 19.07.2022 to the Railways in this regard.
6. In view of the above submissions made, the present petitions are disposed of with the direction to the Railway authorities to take all the necessary steps for appointment of the Arbitrator from amongst the Railway approved panel of Arbitrators in terms of the Clause -64 of the General Conditions of Contract (GCC) within a period of 1 (one) month from the date of submission of the certified copy of this order by the petitioners.
JUDGE Comparing Assistant