Gauhati High Court
Page No.# 1/3 vs Smti. Krishna Devi @ Sabitri Devi ... on 8 March, 2022
Page No.# 1/3
GAHC010046012022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1699/2022
THE UNION OF INDIA AND 2 ORS
REPRESENTED BY GARRISON ENGINEER (AF), TEZPUR, P.O.-SALONIBARI,
P.S.-TEZPUR, DIST-SONITPUR, PIN-784104
2: THE COMMANDER WORKS ENGINEER (AF)
BORJHAR
P.O.-AIRPORT
BORJHAR
GUWAHATI (ASSAM)
PIN-781015
3: THE CHIEF ENGINEER
AIR FORCE ELEPHANT HILLS
SHILLONG
REPRESENTED BY GARRISON ENGINEER AIR FORCE
TEZPUR
P.O.-SALONIBARI
P.S.-TEZPUR
DIST-SONITPUR
ASSA
VERSUS
SMTI. KRISHNA DEVI @ SABITRI DEVI (RANI)
W/O LATE SUKHRAM DHIMAN, C/O SRI GHANSHYAM DAS DHIMAN, M/S
S.R. ENGINEERING CONSTRUCTION, VILL-HALESWAR, P.O.-HALESWAR,
P.S.-TEZPUR, DIST-SONITPUR, ASSAM
Advocate for the Petitioner : MRS. A GAYAN
Advocate for the Respondent :
Page No.# 2/3
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
08-03-2022
Heard Ms. A. Gayan, learned counsel for the petitioners.
An Arbitration matter being T.S. Arbitration No.19/2003 [Smti Krishna Devi @ Sabitri
Devi (Rani) Vs. Union of India represented by Garrison Engineer, Air Force, Tezpur, Sonitpur,
Assam] is pending before the Court of the learned Arbitrator since 2003. By order dated
26.08.2019 passed in said T.S. Arbitration No.19/2003, the learned District Judge, Sonitpur,
Tezpur appointed one Arbitrator to resolve the disputes between those parties.
Since the said Arbitration proceeding is still pending and no award has been passed till
date, the petitioners herein preferred an application under Section 8 (2) of the Arbitration Act,
1940 for appointment of new Arbitrator and/or substituting the Arbitrator in compliance of the
judgment of the Hon'ble Supreme Court in the case of State of Punjab Vs. Hardayal reported
in (1985) 2 SCC 629 being Misc. (J) Case No. 01/2022 [arising out of T.S. (Arb) No.19/2003].
By order dated 28.02.2022, passed in said Misc (J) Case No.01/2022, the learned
District Judge, Sonitpur, Tezpur, rejected the prayer of the petitioners filed under Section 8 (2)
of the Arbitration Act, 1940 and extended the time to the sole Arbitrator for another period of
three months from the date of the said order i.e., on or before 31.05.2022, directing the
parties to appear before the said Arbitrator so that the Arbitrator can complete the
proceeding within next three months.
Being aggrieved with the said order dated 28.02.2022, passed by the learned District
Judge, Sonitpur, Tezpur, petitioners have preferred this writ petition.
Issue notice, returnable by 04.04.2022.
Petitioners shall take step for service of notice on the sole respondent by Registered
post with A/D providing her correct and proper address with requisite postal stamps.
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Till the returnable date (i.e. 04.04.2022) the order dated 28.02.2022, passed by the
learned District Judge, Sonitpur, Tezpur in Misc (J) Case No.01/2022 arising out of T.S. (Arb)
No.19/2003 shall remain suspended.
List accordingly.
JUDGE
Comparing Assistant
