CAV JUDGMENT

(PER : HONOURABLE MR. JUSTICE PRANAV TRIVEDI)

[1] The present First Appeal is filed under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as to "the Act") assailing the correctness and validity of judgment dated 12.01.2023 passed by the learned Judge, Court of 6th Additional District & Commercial Court, Mahesana (hereinafter referred to as the “learned Court”) in Civil Misc. Application No.218 of 2016.

[2] The factual matrix leading to the filing of the First Appeal is that the appellant - Gujarat Urja Vikas Nigam Ltd. is a registered company engaged in the business of supplying electricity energy to specified areas in the state of Gujarat, whereas the respondent - original claimant is a private limited company registered under the Companies Act, 1956 and is engaged in the business of manufacturing PVC, insulated power and control cables etc. The tender was invited on behalf of different distribution of power companies and after finalization of tender, order was placed / issued by respective distribution of power companies. With regard to tender of the appellant, the respondent had submitted the tender, which being of the lowest rate and als