BIREN VAISHNAV
Samrat Furnaces Pvt. Ltd. – Appellant
Versus
State of Gujarat – Respondent
ORDER :
1. This petition under Article 226 of the Constitution of India is filed challenging the order dated 20.3.2020 passed by the sole arbitrator by which the petitioner’s application raising certain preliminary objections before the arbitrator is rejected. The petitioner is the original respondent before the arbitrator and the respondent No.5 is the original claimant.
2. Facts in brief are as under:
2.1 The respondent No.5 - Ketan Engineering Services Pvt. Ltd. has filed an application u/S.18(1) of the Micro Small and Medium Enterprises and Development Act, 2006 before the MSME Commissionerate, Gandhinagar. The application pertains to certain contractual obligations inter se between the claimant, respondent No.5 and the petitioner M/s.Samrat Furnaces Pvt. Ltd. According to the claimant, a work order was executed on 9.12.2010 by which the petitioner had placed an order for fabrication and erection of 250 MT and 300 MT furnaces at M/s. L & T Special Steels and Heavy Forgings Pvt. Ltd., Hajira. The petitioner illegally terminated the order. The case of the respondent No.5 claimant before the arbitral tribunal is that the petitioner has to pay certain outstanding amount. It is in this
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