Tripura High Court
Bhartia Infra Projects Limited vs The State Of Tripura on 22 August, 2025
Page 1 of 3
HIGH COURT OF TRIPURA
_A_G_A_R_T_A_L_A_
ARB.P No.08 of 2025
Bhartia Infra Projects Limited, a company incorporated under the Companies
Act 1956, formerly known as Bhartia Associates Private Limited having its
registered office at 201 Royal Arcade, 2nd Floor, Dr. B. Baruah Road, Ulubari,
Guwahati-781007.
...... Petitioner(s)
VERSUS
1. The State of Tripura, represented by the Secretary to the Government of
Tripura, Public Works Department (PWD), Agartala.
2. The Chief Engineer, PWD (R&B), Government of Tripura, New Secretariat
Complex, Agartala.
3. The Executive Engineer, PWD (R&B), Kumarghat Division, North Tripura.
...... Respondent(s)
For Petitioner(s) : Mr. Soumendu Roy, Advocate.
For Respondent(s) : Mr. Kohinoor N Bhattacharya, G.A.
HON'BLE THE CHIEF JUSTICE MR. M.S. RAMACHANDRA RAO
=O=R=D=E=R=
22/08/2025
Heard counsel for the petitioner as well as counsel for the
respondent.
[2] This petition has been filed under Section 11(6) of the
Arbitration and Conciliation Act, 1996 for appointment of an Arbitrator to
decide the dispute between the parties arising out of a contract agreement
dt.05.05.2004 which had been terminated on 10.01.2012 by the respondent.
[3] Previously, Arbitration Petition No.01 of 2013 had been filed in
this Court for appointment of an Arbitrator and a learned Arbitrator was
appointed, who was a Senior Advocate. He passed an award on 25.06.2017
and an additional arbitral award on 01.06.2018.
[4] Thereafter, an application under Section 34 of the Arbitration
and Conciliation Act, 1996 was filed to set aside the said awards in Civil
Misc.(Arbitration) No.12 of 2018. The said awards were set aside by the
District Commercial Court, West Tripura, Agartala on 17.02.2022 and the
matter was remitted back to the same Arbitrator with a direction to hear
fresh argument and to pass award afresh.
[5] There was an appeal, being ARB.A No.02 of 2022 filed before
the High Court under Section 37 of the Act against the judgment
dt.17.02.2022 of the District Commercial Court, Agartala.
[6] On 10.01.2024, the said appeal was allowed and it was held that
claim under Item 5 has to be remitted to the learned Arbitrator to be decided
afresh.
[7] Subsequently, the said Arbitrator sent a letter on 01.12.2024
saying that he was appointed as an Advocate General for the State of Tripura
and, therefore, he cannot continue unless the parties' consented for
continuation of the proceedings.
[8] The petitioner contends that the learned Arbitrator became
ineligible to conduct the arbitration proceedings since one of the parties was
the State of Tripura in view of Section 12(5) of the Arbitration and
Conciliation Act, 1996 and, therefore, moved the instant petition for
appointment of an arbitrator to decide the claim under Item 5 afresh.
[9] Though the respondent-State had given no objection for the
continuance of the Advocate General as an Arbitrator, counsel for the
petitioner is not agreeable for the same.
[10] In this view of the matter, Sri Subhash Sikdar, Grade-I Officer
of Tripura Judicial Service (retired) is appointed as an Arbitrator to
adjudicate the claim under Item 5 afresh as per law subject to submission of
his consent and a declaration in terms of Section 12 read with Schedule VI
of the Arbitration and Conciliation Act, 1996. The learned Arbitrator is
requested to take into consideration the Schedule of Model Fee prescribed
under Schedule-IV and the timeline prescribed under Section 29-A of the
Arbitration and Conciliation Act, 1996 as amended.
[11] Registry is directed to communicate this order along with the
copy of the entire pleadings of the instant petition to the learned Arbitrator
forthwith.
[12] The instant petition is disposed of.
Pending application(s), if any, also stands disposed of.
(M.S. RAMACHANDRA RAO, CJ)
DIPESH DEB Digitally signed by DIPESH DEB
Date: 2025.08.25 17:50:13 +05'30'
