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2024 Supreme(Gau) 1153

SOUMITRA SAIKIA
Union of India, Represented by the General Manager, NF Railway, Maligaon, Guwahati – Appellant
Versus
GSR Ventures Private Limited – Respondent


Advocates Appeared:
For the Petitioners: Mr. H. Gupta, CGC.
For the Respondent:Mr. A.K. Saraf, Senior Advocate assisted by Ms. S. Bhattacharjee.

JUDGMENT :

Soumitra Saikia, J.

This writ petition has been filed under Article 227 of the Constitution of India by the Union of India as the writ petitioners. By the instant writ proceedings, the Union of India as the writ petitioners is put into challenge the orders dated 11.11.2023 passed by the learned Arbitrator in Arbitration Proceeding No. AH-02/2022 and the arbitration proceeding No. AH-03/2022.

2. The respondent was allotted two contracts relating to Earthwork Filling to Form Embankment/Sub-Bank and construction of Minor Bridges, Retaining Wall, Pucca Approach Road, Alignment and other Ancillary Works in connection with Construction of the New BG Railway line from Bairabi to Sairang (Miroram) under contract Agreement bearing No. CON/B-S/1917 dated 02.03.2015 and Contract Agreement No. CON/B-S/2079 dated 24.11.2015. The said works were terminated by the writ petitioners/Railways leading to the disputes arising between the petitioners/Railways and the respondent. The respondent issued a notice for arbitration as per clause 64 (1)(i) of the Arbitration Clause. The said notice was replied to by the Railway authorities rejecting the demand for arbitration on the ground that Clause

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