Page No.# 1/4 vs Union Of India
2024 Latest Caselaw 8626 Gua

Gauhati High Court

Page No.# 1/4 vs Union Of India on 25 November, 2024

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                                         Page No.# 1/4

GAHC010200142024




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

                                   Case No. : Arb.P./42/2024

            M/S GR (JV),
            A JOINT VENTURE FIRM BETWEEN GPT INFRAPROJECTS LIMITED AND
            RAHEE INFRATECH LIMITED, HAVING ITS REGISTERED OFFICE AT
            KEMWELL MANOR, 5TH FLOOR, 10/D/2, HO CHI MINH SARANI, KOLKATA-
            700071, REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE NAMELY
            SRI BASU DEV DAS, SON OF LATE NATARAJ DAS, R/O- BYE LANE NO. 1,
            WEST JALUKBARI, LANKESWAR, KHANAMUKH, KAMRUP(M), ASSAM-
            781014.



            VERSUS

            UNION OF INDIA
            THROUGH GENERAL MANAGER, CONSTRUCTION, NORTH EAST
            FRONTIER RAILWAYS, MALIGAON, GUWAHATI, DIST. KAMRUP(M),
            ASSAM, PIN- 781011.



Advocate for the Petitioner   : MR. SAILENDRA DEKA, MR JITENDRA DAS,MS L RONGPIPI

Advocate for the Respondent : DY.S.G.I.,




             Linked Case : Arb.P./43/2024

            M/S GR (JV)

            A JOINT VENTURE FIRM BETWEEN GPT INFRAPROJECTS LIMITED AND
            RAHEE INFRATECH LIMITED
                                                         Page No.# 2/4

HAVING ITS REGISTERED OFFICE AT KEMWELL MANOR
5TH FLOOR
10/D/2
HO CHI MINH SARANI
KOLKATA-700071
REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE NAMELY SRI BASU
DEV DAS
SON OF LATE NARARAJ DAS
R/O- BYE LANE NO. 1
WEST JALUKBARI
LANKESWAR
KHANAMUKH
KAMRUP METRO
ASSAM-781014.


VERSUS

UNION OF INDIA
THROUGH GENERAL MANAGER
CONSTRUCTION
NORTH EAST FRONTIER RAILWAYS
MALIGAON
GUWAHATI
DIST. KAMRUP(M)
ASSAM
PIN- 781011.


------------
Advocate for : MR. SAILENDRA DEKA
Advocate for : DY.S.G.I. appearing for UNION OF INDIA



Linked Case : Arb.P./44/2024

M/S GR (JV)
A JOINT VENTURE FIRM BETWEEN GPT INFRAPROJECTS LIMITED AND
RAHEE INFRATECH LIMITED
HAVING ITS REGISTERED OFFICE AT KEMWELL MANOR
5TH FLOOR
10/D/2
HO CHI MINH SARANI
KOLKATA- 700071
REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE
NAMELY
SRI BASU DEV DAS
                                                                     Page No.# 3/4

          AGED ABOUT 52 YEARS
          SON OF LATE NARARAJ DAS
          RESIDENT OF BYE LANE NO. 1
          WEST JALUKBARI
          LANKESWAR
          KHANAMUKH
          KAMRUP METRO
          ASSAM 781014.


          VERSUS

         UNION OF INDIA
         THROUGH GENERAL MANAGER
         CONSTRUCTION
         NORTH EAST FRONTIER RAILWAYS
         MALIGAON
         GUWAHATI
         DISTRICT- KAMRUP(M)
         ASSAM
         PIN- 781011.


         ------------
         Advocate for : MR. SAILENDRA DEKA
         Advocate for : DY.S.G.I. appearing for UNION OF INDIA



                                BEFORE
                 HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                       ORDER

25.11.2024 Heard Mr. Partho Banerjee, learned counsel appearing through VC assisted

by Mr. S. Deka, learned counsel for the petitioner. Also heard Mr. H. Gupta,

learned CGC for the Railway Department.

Mr. H. Gupta, learned CGC prays for a day's time to rely certain judgment in

support of his contention that as per the provisions of the Arbitration and Page No.# 4/4

Conciliation Act, 1996 notice is required to be issued by the authorities

themselves where in this case it was issued by the Solicitor General.

Let the matters be listed on 26.11.2024.

Mr. H. Gupta, learned CGC shall place necessary authority in support of his

objection raised.

JUDGE

Comparing Assistant