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2021 Supreme(Guj) 104

VIPUL M.PANCHOLI
JITF Water Infrastructure Limited – Appellant
Versus
Aquafil Polymers Company Private Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR RS SANJANWALA, Sr. Adv. with MR VIJAY SINH with MR HEMANG H PARIKH, MR RASESH H PARIKH
For the Respondent: MR MITUL SHELAT with MR RUTUL P DESAI

JUDGMENT :

1. This petition, which is filed under Articles 226 and 227 of the Constitution of India, is directed against the order dated 29.11.2020 passed by the learned Arbitrator in arbitration proceeding between the petitioner and the respondent pending before the Gujarat Chamber of Commerce Industries (hereinafter referred to as “GCCI” for short) bearing Reference No.GCCI/ADRC/A042.

2. The factual matrix of the present case is as under,

    2.1 It is the case of the petitioner that the petitioner is a Company incorporated under the provision of the Companies Act, 1956, which entered into an agreement with M/s. Aquafil – Wintech JV (hereinafter referred to as “JV” for short), a joint venture of Aquafil Polymers Co. Pvt. Ltd. It is stated that the work order was executed on 08.08.2014 on turnkey basis. The said work was related to procurement of Design, Supply, Installation and Commissioning of Intake Facilities, Transmission Mains, Water Treatment Plant and Reservoir for North Zone including 5 years of operation and maintenance of JICA funded Guwahati Water Supply Project. The said contract value was Rs.79.47 crores. It is alleged that because of the lapse on the part of JV, entire wor

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