Sadbhav Engineering Limited vs Sardar Sarovar Narmada Nigam ...
2023 Latest Caselaw 7428 Guj

                                                                             NEUTRAL CITATION




      C/LPA/1272/2023                         ORDER DATED: 07/10/2023

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     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


         R/LETTERS PATENT APPEAL NO. 1272 of 2023

       In R/MISC. CIVIL APPLICATION NO. 1260 of 2023

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            SADBHAV ENGINEERING LIMITED
                      Versus
     SARDAR SAROVAR NARMADA NIGAM LIMITED
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Appearance:
PARAS K SUKHWANI(8284) for the Appellant(s) No. 1
MR SANJAY A MEHTA(469) for the Respondent(s) No. 1,2
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS.
      JUSTICE SUNITA AGARWAL
      and
      HONOURABLE MR. JUSTICE ANIRUDDHA P.
      MAYEE

                         Date : 07/10/2023

                     ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS.

JUSTICE SUNITA AGARWAL)

1. Having heard the learned counsel for the parties and perused the record, noticing the observations made by the learned Single Judge in paragraph 5.1 of the judgment and order dated 24.08.2023, wherein it is noted that there was no consent on the part of the original respondent i.e. Sardar Sarovar Narmada Nigam Limited to

NEUTRAL CITATION

C/LPA/1272/2023 ORDER DATED: 07/10/2023

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refer the dispute to an Arbitrator, that too, within the scope of jurisdiction under Article 226 of the Constitution of India, we do not find any good ground to interfere in the order passed by the learned Single Judge.

2. Noticing that the Arbitration Reference No. 3 of 2009 is pending before the Gujarat Public Works Contracts Disputes Arbitration Tribunal, constituted under the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992, we provide that the Tribunal shall make an endeavour to decide the reference by proceeding in a time bound manner, without granting unnecessary adjournment to any of the parties, as expeditiously as possible, preferably within a period of three months from the date of production of copy of this order.

3. With the above observation, the appeal stands disposed of.

[ Sunita Agarwal, CJ. ]

[ Aniruddha P. Mayee, J. ] hiren /4