( 1 ) THIS Misc. Appeal under S. 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'act' for short) is directed against the order dt. 7-3-2002 in Arbitration Case No. 3/2002 by ninth Additional District Judge, Jabalpur, holding that the Civil Court has no Jurisdiction to entertain and decide the application under S. 9 of the Act.

( 2 ) THE appellant is the proprietor of m/s. Gaurav Builders, which specialises in installation and construction of Water Treatment plants. A notice inviting tender dt. 16-11-1993 (Annexure A-l) was issued for design, construction and commission of Water Treatment Plant near Lalpur for Jabalpur water Supply Scheme. The appellant in response to the above tender submitted her bid. Appellant's tender was accepted and contract was awarded to the appellant by letter dt. 14-8-95. The appellant in pursuance of the contract submitted the design of said plant and started execution of the said work. However, the work could not be completed within the time stipulated between the parties and a dispute arose between them.

( 3 ) ACCORDING to the appellant, she could not complete the work within the specified period because of the default on t

Click Here to Read the rest of this document