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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAKESH MOHAN PANDEY
Eci-Keystone (JV) Represented by its Managing Director – Appellant
Versus
Superintending Engineer National Highway, Raipur – Respondent
ORDER :
1. By way of this petition, the petitioner has sought the following relief(s):-
(i) That this Hon’ble Court may kindly be pleased to allow this writ petition and consequently, issue an appropriate writ/order/direction thereby quashing/setting aside the impugned order dated 23.07.2024 passed by Learned Commercial Court (District Level) Naya Raipur, District - Raipur (C.G.)
(ii) That any other order/relief which this Hon’ble Court may deem fit, proper and just in the facts and circumstances of the present case may also kindly be awarded to the petitioner in the ends of justice & equity.
(iii) That the cost of the petition may kindly also be awarded to the petitioner.
2. Facts of the present case are as under:-
(a) The petitioner, a joint venture of ECI and Keystone Infra Pvt. Ltd., and the Respondent entered into a contract on 01.12.2012 in respect of the execution of work of the construction on a two-lane road viz. from KM 287 to 292, KM 322 to 342 and 352 to 400 of NH–63 (Old NH–16) i.e. Bhopalapatnam–Jagdalpur Road.
(b) The petitioner participated in a bid and being the highest bidder, its bid was accepted and a letter of acceptance was issued by the respondent. A contract agreem
Jurisdictional objections to arbitration awards must be raised during proceedings, not at execution; failure to do so leads to unenforceable awards.
The Arbitration and Conciliation Act, 1996 applies despite the existence of the C.G. Madhyastam Adhikaran Adhiniyam, 1983 due to an arbitration clause in the contract.
Advocates appeared :For the Appellant : Kunal Thakre For the Respondent : Siddharth Sharma
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