under Section 34 (5) of the
Arbitration and Conciliation Act, 1996, alleging that the
petition under Section 34 of the Arbitration and Conciliation
Act ... filing the
aforesaid petition, as contained in Section 34 (5) of the
Arbitration and Conciliation Act, 1996.
12. The Court of the learned District Judge
submitted their written
declaration as is required under Section 12(1) of the Arbitration and Conciliation
Act, 1996, they have expressed no difficulty, hardship ... written declaration was directed to be
furnished under Section 12(5) of the Arbitration and Conciliation Act, 1996. The
same stands corrected. The written declaration
with Section 21 of the Act of 1996, the petitioner is filed this
application under Section 11(6) of the Arbitration and Conciliation Act ... jurisdiction under section 11(6) of the act of 1996 pursuant to
the amendments brought in under Section 12(5) of the Act
view of the provisions
contained in Section 16 (5) and Section 16(6) of the Arbitration and Conciliation
Act, 1996.
5. The respondent ... considered for all
purpose, an application under Section 16 of the Arbitration and Conciliation Act,
1996.
12. The learned counsel for respondent No. 1 submits
Arbitration and Conciliation Act,
1996, which is a Special Act . He submits that an appeal under Section 37 of the
Arbitration and Conciliation Act ... Section 3(3) , 3A and
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13(1) of the Commercial Courts Act, 2015 , read with Section 37(1) of the
Arbitration
jointly'. The arbitration clause in the partnership deed is no longer
operative per Section 61 of the Arbitration and Conciliation Act, 1996.
Shri Manoj ... view of the above, as well as Section 5 of the
Arbitration and Conciliation Act, 1996, the civil suit is not maintainable.
Furthermore, the learned
view of the amendment brought in by Section 12(5) of the
Arbitration and Conciliation Act, 1996, an officer falling within the categories
specified ... Arbitration and Consolidation Act,
1996.
8. This Court confers its powers under Section 11 of the Arbitration and
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Consolidation Act
such circumstances, this Court under the powers of Section 11 of the
Arbitration and Conciliation Act hereby appoint Hon'ble Mr. Justice HN Sarma ... furnishing of written declaration as required under Section 12 (1)(b)
of the Arbitration and Conciliation Act, 1996. A copy of this order be marked
under Section 11(6) of the Arbitration and
Conciliation Act hereby appoints Justice Mr. Manojit Bhuyan, former judge of this
Court to act ... 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
before the court filing this petition
under Section 76 of the Arbitration and Conciliation Act.
6. Having heard the learned counsel for the parties, this ... arbitrator sought to be appointed under Section
12(1) of the Arbitration and Conciliation Act.
10. A copy of this order shall be communicated
