Beb-Dds-Rkd (Jv)-Nayak (Jv) vs North East Frontier Railway And Anr
2024 Latest Caselaw 6381 Gua

Gauhati High Court

Beb-Dds-Rkd (Jv)-Nayak (Jv) vs North East Frontier Railway And Anr on 30 August, 2024

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                                      Page No.# 1/2

GAHC010136332020




                          THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                              Case No. : Arb.P./34/2020

           BEB-DDS-RKD (JV)-NAYAK (JV)
           A JOINT VENTURE CONSISTING OF BEB-DDS-RKD (JV) LTD. HAVING ITS
           REGD. AT PLOT NO 686/2881 AND 2884, SHANTINAGAR, CANAL ROAD,
           LAXMISAGAR, JHARPADA, BHUBANESHWAR- 751006, ODISHA AND M/S
           NAYAK INFRASTRUCTURE PVT. LTD. HAVING ITS REGD. OFFICE AT
           SWARUPNANDA ROAD, LUMDING- 782447, P.O. LUMDING, DIST.- NAGAON
           (TRIPURA), HAVING ITS OFFICE AT 2ND FLOOR, KAMAKHYA
           COMMERCIAL, C.K.ROAD, PAN BAZAR, GHY-01, ASSAM AND IS REP. BY
           ITS MANAGING DIRECTOR, SHRI ANANTA CHARAN NAYAK, R/O-
           SWARUPA NANDA ROAD, LUMDING, IN THE DIST. OF NAGAON, ASSAM



           VERSUS

           NORTH EAST FRONTIER RAILWAY AND ANR.
           (CONSTRUCTION ORGANISATION) REP. BY THE GENERAL
           MANAGER/CONSTRUCTION, MALIGAON, GHY-11, KAMRUP (M), ASSAM

           2:CHIEF ENGINEER/CONSTRUCTION-2
            NORTH EAST FRONTIER RAILWAY (CONSTRUCTION ORGANISATION)
           REP. BY THE GENERAL MANAGER/CONSTRUCTION
            MALIGAON
            GHY-11
            KAMRUP (M)
           ASSA

Advocate for the Petitioner : MR G N SAHEWALLA, MR. R SINGHA,MR. U K NAIR,MR. M
SAHEWALLA,MR H K SARMA

Advocate for the Respondent : SC, RAILWAY, MS G SARMAH
                                                                       Page No.# 2/2

                                     BEFORE
                      HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                     ORDER

Date : 30.08.2024

Heard Mr. R. Singha, learned counsel for the petitioner. Also heard Ms. G. Sarmah, learned Standing Counsel, Railway.

The learned Standing counsel, Railway craves leave of the Court to refer to certain Judgments and address the Court on the issues raised.

It is submitted by the learned counsel for the petitioner that the position as it stands today is that the mandate of Section 12 (5) under the Arbitration and Conciliation Act, 1996 is applicable and the railways are not competent to appoint their arbitrator notwithstanding the issue being presently pending in the matter to be decided by the Apex Court by a larger Bench.

It is submitted that as on date the Judgment passed earlier by the Apex Court is still considers to be a good in law and the provisions of Section 12 (5) of the Arbitration and Conciliation Act, 1996 have not been suspended and interfered with as on date.

In view of the prayer made, let the matter be listed again on 06 th September, 2024.

JUDGE

Comparing Assistant