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2023 Supreme(Guj) 200

ASHUTOSH SHASTRI, NISHA M. THAKORE
Gujarat Industrial Development Corporation (GIDC) Ltd – Appellant
Versus
Graphite India Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MR. M. B. GANDHI, SENIOR ADVOCATE WITH MR RUTVIJ M
BHATT
For the Respondent:MR. S.N. SOPARKAR, SENIOR ADVOCATE WITH MR. UNMESH SHUKLA, SENIOR ADVOCATE WITH MR.SHASHVATA U SHUKLA

JUDGMENT :

ASHUTOSH SHASTRI, J.

1. By way of this First Appeal under Section 96 of Code of Civil Procedure, 1908, the appellant - Gujarat Industrial Development Corporation has challenged the legality and validity of the judgment and order passed by the learned District Civil Judge, Bharuch dated 26.03.2016 passed in Civil Misc. Application No. 209 of 2014 under Section 34 of Arbitration and Conciliation Act, 1996 (hereinafter referred as to the "Act") by virtue of which judgment, an application of present appellant came to be rejected.

2. The facts which has given rise to filing of this appeal are that the appellant - Gujarat Industrial Development Corporation had invited a tender for providing and laying down 1200 mm dia GRP water supply line from Angareshwar Intake Water Works to GIDC Compound at Bhersam. The said invitation of tender was in or around April, 2005. The Corporation had invited the sealed tenders for such work in two separate sealed covers i.e. technical bid and price bid. Since the rates were found to be competitive of respondent, the same was accepted and an a

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