J.B.PARDIWALA
STATE OF GUJARAT – Appellant
Versus
BHAGWATI CONSTRUCTION COMPANY – Respondent
J.B. PARDIWALA, J.
1. This First Appeal under Section-37 of the Arbitration and Conciliation Act, 1996 [for short The Act, 1996] is at the instance of the original applicants and is directed against the judgment and order dated 19/01/2017 passed by the Judge of the City Civil Court, Court No.8, Ahmedabad in the Civil Misc. Application No.349 of 2008 filed by the appellants herein under Section-34 of the Act, 1996 for setting aside the arbitral award passed by the Sole Arbitrator appointed by this Court in the Arbitration Petition No.20 of 2014.
2. The subject matter of this First Appeal can be gathered from the facts recorded in the award passed by the Arbitrator. I may quote the relevant paragraphs of the award.
2.1 The Hon'ble High Court of Gujarat at Ahmedabad by its order dated 28-4-2005, in Arbitration Petition No.20 of 2004, appointed the undersigned R.C. Bhatt, as Sole Arbitrator to resolve the disputes in connection with work contract dated 7-5-2001 entered into between the parties. The claimant and respondents were intimated by Regd. A.D. letters to appear before the Sole Arbitrator.
2.2 The Claimant appeared before the Sole Arbitrator and filed Claim Statement Ex.9. T
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