( 1 ) THE petitioner has filed this petition under Articles 226 and 227 of the Constitution of India challenging the order passed by the learned Additional District Judge, Vadodara below an application Exh. 17 in Misc. Application (Arbitration) No. 148 of 2002 on 6. 10. 2005, whereby further objections filed by the petitioner vide Exh. 16 were ordered to be rejected and ordered to be filed.

( 2 ) IT is the case of the petitioner that the State of Gujarat invited the tenders pertaining to the work of providing and connecting the Hume Steel Pipes. An agreement between the parties was entered into on 14. 7. 1992. The work order was issued to the present respondent No. 1. The respondent No. 1 was required to complete the work within the prescribed time period. Because of the failure on the part of the respondent No. 1 90% work was completed and 10% work was to be completed in February, 1995. The respondent No. 1 carried out work of Rs. 99,98,054/- and the tender cost was fixed at Rs. 1,01,53,000/ -. Payment thereof had already been made by the State Government through various running account bills. The respondent No. 1 submitted the final bill in the year 1995 wherein they have claimed

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