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2005 Supreme(Guj) 843

M.R.SHAH
EXECUTIVE ENGINEER SARDAR SAROVAR NARMADA NIGAM – Appellant
Versus
BHAVEN CONSTRUCTION – Respondent


Advocates Appeared: B.S.PATEL, G.C.MAJMUDAR, RANJAN B.PATEL

( 1 ) BY way of this petition under Articles 226 and 227 of the Constitution of india the petitioner has prayed for appropriate writ, direction and/or order quashing and setting aside the proceedings initiated by respondent No. 1 (hereinafter referred to as "the Contractor") and the appointment of respondent no. 2 as Sole Arbitrator and the order passed by the learned Sole Arbitrator dated 20-10-2001 in rejecting the application submitted by the petitioner submitted under Section 16 of the Arbitration Act, 1996 by holding that he has got the jurisdiction to decide and resolve the disputes between the parties and his appointment as Sole Arbitrator is held as legal and valid.

( 2 ) IT appears from the record that the petitioner ? Sardar Sarovar Narmada Nigam limited entered into a contract with the respondent No. 1 ? contractor to supply the bricks as per the specifications and in numbers for the construction of the canal work. It appears from the record that the tender was accepted on 13-2-91, which was revised on 18-10-91, but due to the modified technical specifications, the work order was issued on 18-10-91 and further revised on 30-11-93, due to further modification of technical









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