Saraswati Buildcon vs State Of Gujarat
2021 Latest Caselaw 2020 Guj

           C/SCA/21466/2019                                          ORDER




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 21466 of 2019

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                              SARASWATI BUILDCON
                                     Versus
                               STATE OF GUJARAT
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Appearance:
PARAS K SUKHWANI(8284) for the Petitioner(s) No. 1
GOVERNMENT PLEADER(1) for the Respondent(s) No. 1,2
NOTICE SERVED BY DS(5) for the Respondent(s) No. 3
RAJENDRAKUMAR J BHATT(7992) for the Respondent(s) No. 4
SHERLEY S DOSHI(7979) for the Respondent(s) No. 4
VISHAL R BHATT(7991) for the Respondent(s) No. 4
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  CORAM: HONOURABLE MR. JUSTICE R.M.CHHAYA
         and
         HONOURABLE MR. JUSTICE R.P.DHOLARIA

                                Date : 10/02/2021

                             ORAL ORDER

(PER : HONOURABLE MR. JUSTICE R.M.CHHAYA)

[1] Heard Mr.Paras Sukhwani, learned advocate for the petitioner and Mr.Tirthraj Pandya, learned AGP for the respondent - State.

[2] By way of the present petition filed under Article 226 of the Constitution of India, the petitioner has prayed for the following main reliefs:

"22 ... (b) This Hon'ble Court may kindly be pleased to issue an appropriate, writ, order or directions to the Respondents to finalize the issue of extension and accounts of the Petitioner.

(c) This Hon'ble Court may kindly be pleased to issue an appropriate writ, order or directions to quash and set aside the demand made by Respondent No.2 from Respondent No.3 & 4 for encasing Bank Guarantees

C/SCA/21466/2019 ORDER

No.2576OBG18007798 for Rs.1,73,05,459/­ + Bank Guarantee No.2576OBG18008147 for Rs.10,33,503/­ + Bank Guarantee No.0652OBG14003836 for Rs.23,19,038/­ issued by Respondent No.3 and Bank Guarantee No.15300100007068 for Rs.1,04,10,281/­ issued by Respondent No.4......."

[3] It is pointed out by the learned advocates for the parties that as per the judgment of the Hon'ble Supreme Court passed in Civil Appeal Nos.8307 & 8308 of 2019 in the case of State of Gujarat through Chief Secretary & Anr. Vs. Amber Builders, wherein it is observed that the powers can be exercised by the Tribunal constituted under the Gujarat Public Works Contract Disputes Arbitration Tribunal.

[4] In view of the above, learned advocate Mr.Sukhwani for the petitioner does not press the present petition with a liberty to approach the learned Tribunal.

[5] Accordingly, the present petition stands disposed of as not pressed with above liberty. Notice is discharged. However, there shall be no order as to costs.

[6] It is clarified that this Court has not entered into the merits of the case.

(R.M.CHHAYA, J)

(R.P.DHOLARIA, J) Manoj