THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE CHIEF EXECUTIVE OFFICER (CEO) FLOOD RIVER EROSION MANAGEMENT AGENCY OF ASSAM

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Arb.P./31/2020 B.N. GARODIA S/O- LT. NARAYAN MAL GARODIA, JYOTINAGAR, JALAN NAGAR, DIBRUGARH, PIN- 786005, ASSAM, REP. BY HIS POWER OF ATTORNEY HOLDER SRI SANJEEV GARODIA, S/O- B.N. GARODIA, JYOTINAGAR, JALAN NAGAR, DIBRUGARH, PIN- 786005, ASSAM VERSUS THE CHIEF EXECUTIVE OFFICER (CEO) FLOOD RIVER EROSION MANAGEMENT AGENCY OF ASSAM (FREMAA) (ERSTWHILE AIFRERMA) NAYANTARA SUPERMARKET BUILDING, 4TH FLOOR, SIX MILE, GHY-22, ASSAM Advocate for the Petitioner : MR D DEKA Advocate for the Respondent : B E F O R E HON’BLE MR. JUSTICE N. KOTISWAR SINGH

O R D E R

27.06.2022 Heard Mr. D. Deka, learned counsel for the petitioner. On 07.03.2022, this Court passed the following order:- “Heard Mr. D. Deka, learned counsel for the petitioner. None appears for the sole respondent in spite of proper service upon the sole respondent, as evident from the order dated 05.01.2022.

Since non-appearance of the sole respondent is causing undue delay in the appointment of arbitrator, this Court proceeds to appoint an arbitrator in terms of the arbitration clause. The arbitration clause reads Page No.# 2/2 as follows:-

20.5 Amicable Settlement: Where notice of dissatisfaction has been given under Sub-Clause 20.4 above, both Parties shall attempt to settle the dispute amicably before the commencement of arbitration. However, unless both Parties agree otherwise, arbitration may be commenced on or after the fifty-sixth day after the day on which a notice of dissatisfaction and intention to commence arbitration was given, even if no attempt at amicable settlement has been made.

Learned counsel for the petitioner submits that there were attempts to settle the dispute amicably between the parties by issuing notice(s) on 19.03.2019 and 15.05.2019. However, there was no response from the sole respondent and as such, having no other alternative the petitioner has approached this Court for appointment of an arbitrator.

Since the sole respondent has not responded to the notice issued by this Court, there is no other option but to proceed to appoint an arbitrator in terms of the aforesaid arbitration clause referred to above.

Having perused the materials on record and after hearing the learned counsel for the petitioner, this Court proposes to appoint Hon'ble Mr. Justice D. Biswas, a retired Judge of this Court, to act as an arbitrator, for which as per requirement of Section 11(8) of the Arbitration and Conciliation Act, 1996, the parties may obtain a disclosure in writing from the proposed arbitrator to be submitted before this Court.

Parties may also intimate the proposed arbitrator, in writing, about the order passed today in this petition, by furnishing a copy of this order.

List the matter again on 04.04.2022.” In terms of the aforesaid order, Hon’ble Mr. Justice D. Biswas, a retired Judge of this Court has agreed to act as the arbitrator. A copy of the disclosure is also available on record. In view of above, Hon’ble Mr. Justice D. Biswas, a retired Judge of this Court, may proceed to act as the arbitrator to settle the dispute between the parties in accordance with law. Parties will appear before the learned Arbitrator on 15.07.2022. The Arbitration Petition is, accordingly, disposed of. JUDGE Comparing Assistant