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2007 Supreme(Guj) 813

M.S.SHAH, K.M.MEHTA
AJAY S. PATEL, ENGINEERS CONTRACTORS AND CONSULTANTS – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: B.S.PATEL, Jashwant K.Shah, RANJAN B.PATEL

K. M. MEHTA, J.

( 1 ) THIS is an application for review of the judgment and order dated 6. 10. 2005 in First appeal No. 413 of 2000 by which this court allowed the appeal of the State government and the Executive Engineer and set aside the judgment and decree dated 30. 10. 1999 of the learned Civil Judge (S. D.), Bharuch in Special Civil Suit No. 253 of 1992 on the ground that the jurisdiction of the Civil Court was already excluded by the provisions of the Gujarat public Works Contracts Disputes arbitration Tribunal Ordinance, 1991.

( 2 ) THE present petitioner is a partnership firm of Engineers, Contractors and consultants. The Executive Engineer, roads and Buildings Division, Bharuch had invited tenders for the work of constructing an office-cum-laboratory building for fishery Department at Bharuch and the tender submitted by the petitioner herein was accepted. As per the agreement between the petitioner and the Executive engineer, the project of construction for rs. 15,61,107/- was entrusted to the petitioner. The project was to commence from 1. 10. 1990 and was to be completed within a period of 12 months. On account of the disputes between the parties, the executive Engineer










































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