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2018 Supreme(Guj) 464

R.SUBHASH REDDY, VIPUL M.PANCHOLI
VIJAY CONSTRUCTION CO. CONSULTING ENGINEERS & CONTRACTORS – Appellant
Versus
SARDAR SAROVAR NARMADA NIGAM LIMITED THRO CHAIRMAN – Respondent


Advocates Appeared:
For the Appellants : Mr. D.C. Dave, Mr. Chirag K. Sukhwani
For the Respondents: Mr. Kamal Trivedi, Mr. Nirzar S. Desai

JUDGMENT :

R. SUBHASH REDDY, J.

1. This Letters Patent Appeal under clause 15 of Letters Patent is filed by the original respondent No. 1 in Special Civil Application No. 831 of 2013 aggrieved by the order dated 26.04.2017 passed by the learned Single Judge. By the aforesaid order, the learned Single Judge has allowed the petition filed by respondent Nos. 1 and 2 original petitioners and quashed and set aside the order dated 30.11.2010 passed in Arbitration Reference No. 16 of 2002 by the Gujarat Public Works Contracts Disputes Arbitration Tribunal, Ahmedabad.

2. Necessary facts, in brief, for disposal of this appeal are as under :

2.1 The contract, which would qualify as works contract, within the meaning of Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 was awarded to the appellant Contractor bearing proceeding No. LCB01/199394 for construction of distributaries and minors for Block No. 3B of Mandwa Branch Canal (earth work, brick lining and structures) to be completed within 36 months from the date of award. Agreement was entered into on 25.05.1993. Contract work came to be completed, but not within time. Contract work came to be completed on 15.06.1999, wher

































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