[Cites 2, Cited by 0]
Gujarat High Court
M/S. R.S. Construction vs M/S. Ccc Realty Pvt. Ltd on 20 February, 2026
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/ARBI.P/280/2025 ORDER DATED: 20/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/PETN. UNDER ARBITRATION ACT NO. 280 of 2025
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M/S. R.S. CONSTRUCTION
Versus
M/S. CCC REALTY PVT. LTD.
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Appearance:
MR. TARAL B THAKER (14135) for the Petitioner(s) No. 1
REFUSED SERVED (N)(10) for the Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA
AGARWAL
Date : 20/02/2026
ORAL ORDER
Learned advocate Mr. Prasanth Kumar assisted by the
learned advocate Mr. Taral B. Thakur has put in appearance on
behalf of the petitioner.
2. The service report indicates that notice upon the respondent
has been served by refusal on 08.01.2026. The date fixed in the
notice was 23.01.2026. No one has put in appearance on behalf of
the respondent till date.
3. The petitioner herein is a partnership company registered
under the Partnership Act, 1932, having its registered office in
District Begusarai, Bihar. The petitioner firm claims to be a Class-I
Government Approved Contractor and would submit that the
respondent company has awarded the contract dated 30.01.2023
for "providing and fixing of site barricading works at Sector 36A,
Gurgaon, Haryana' for a total consideration of Rs. 8,71,61,559.20/-.
After issuance of the work order by the respondent, the petitioner
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C/ARBI.P/280/2025 ORDER DATED: 20/02/2026
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mobilized its resources and started execution of the work under the
contract. In June, 2023 while the petitioner was working at the
project site, the representatives of the respondent company orally
directed the petitioner to stop the work on account of certain land
dispute which may have arisen between the respondent company
and the original land owner.
4. The petitioner invoked Clause-7 of the service order seeking
payment towards 5th running account bill, payment towards extra
work done, idle charges/expenses towards machinery and labour
and also seek refund of the security deposit in terms of Clause-7 of
the service order. Clause-51.2 of the general terms and conditions
of the contract appended at page No. '245' of the paper book, has
been pressed into service to seek reference of the dispute to
arbitration. Further, the attention of the court is invited to page
No. '21' of the paper book which is the last page of the agreement
dated 30.01.2023 between the parties therein, to submit that the
general terms and conditions, appended herein with, were
incorporated in the agreement-in-question.
5. Clause '51.2' of the general terms and conditions of the
contract reads as under :-
"(a) If either the Employer or the Contractor is dissatisfied with the
Employer's Representative's decision, such dissatisfied Party may
give notice to the other Party of its intention to commence
arbitration as to the matter in dispute and no arbitration in respect
of this matter may be commenced unless such notice is given.
(b) Any dispute, in respect of which a notice of intention to
commence arbitration has been given in accordance with Clause
51.2(a) above, shall be finally settled by arbitration in accordance
with Clause 51.2(c) below.
(c) Arbitration shall be conducted in accordance with the
provisions of the Arbitration and Conciliation Act, 1996 and rules
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C/ARBI.P/280/2025 ORDER DATED: 20/02/2026
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and regulations made thereunder, as amended from time to time.
The venue of arbitration shall be [Ahmedabad, Gujarat, India].
(d) The arbitration proceedings shall be conducted by a sole
arbitrator appointed by mutual agreement of the Parties. In the
event the Parties are unable to agree on the appointment of a sole
arbitrator, each Party shall appoint one (1) arbitrator and the two
(2) arbitrators so appointed shall appoint the third (3rd) arbitrator
as the presiding arbitrator.
(e) The arbitration shall be conducted in English and any award
shall be made in English. The Parties agree that the decision and
any award rendered by the arbitrator(s) in connection with a
dispute shall be final and binding on the Parties.
(f) The arbitration expenses shall be borne as provided in the
award of arbitration. In the event the award is silent on the same,
the arbitration expenses shall be borne by the losing Party."
6. Noticing the above, it may also be recorded that the notice
invoking arbitration clause dated 17.10.2024 was sent by the
petitioner, which was replied by the respondent vide
communication dated 20.11.2024 refuting that the notice invoking
arbitration was premature and the respondent did not agree for
any of the three names proposed therein. In the present petition,
the respondent has chosen not to participate.
7. In view of the above, I have no option but to allow the present
petition and refer the dispute to Arbitration. Hence, the following
order is passed:
ORDER
(i) The Petition is allowed.
(ii) Hon'ble Mr. Justice S. G. Shah, Former Judge,
High Court of Gujarat, having address at: Residence :
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15, Vernis Sky City, Township (Sahara City), Club O7 Road,
Shela, Sanand, Ahmedabad. and having E-mail ID:
[email protected] is hereby appointed as the sole
Arbitrator to resolve the disputes between the parties in
accordance with the Arbitration Centre (Domestic and
International), High Court of Gujarat Rules, 2021. Both
Parties would also be governed by said Rules.
(iii) Registry to communicate this order to the sole
Arbitrator forthwith by Speed Post.
(iv) Pending application/s, if any, stands consigned to
records.
(SUNITA AGARWAL, CJ )
C.M. JOSHI
