SAMRAT FURNACES PVT. LTD. Vs. STATE OF GUJARAT
LAWS(GJH)-2020-6-994
HIGH COURT OF GUJARAT
Decided on June 29,2020

Samrat Furnaces Pvt. Ltd. Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

- (1.) This petition under Article 226 of the Constitution of India is filed challenging the order dated 20.3.2020 passed by the sole arbitrator by which the petitioner's application raising certain preliminary objections before the arbitrator is rejected. The petitioner is the original respondent before the arbitrator and the respondent No.5 is the original claimant.
(2.) Facts in brief are as under: 2.1 The respondent No.5 - Ketan Engineering Services Pvt. Ltd. has filed an application u/S.18(1) of the Micro Small and Medium Enterprises and Development Act , 2006 before the MSME Commissionerate, Gandhinagar. The application pertains to certain contractual obligations inter se between the claimant, respondent No.5 and the petitioner M/s.Samrat Furnaces Pvt. Ltd. According to the claimant, a work order was executed on 9.12.2010 by which the petitioner had placed an order for fabrication and erection of 250 MT and 300 MT furnaces at M/s. Rs.& T Special Steels and Heavy Forgings Pvt. Ltd., Hajira. The petitioner illegally terminated the order. The case of the respondent No.5 claimant before the arbitral tribunal is that the petitioner has to pay certain outstanding amount. It is in this context, an application u/S.18 raising a claim is filed by the respondent No.5 before the arbitrator. To this application for claim by the respondent No.5, on conciliation having failed, the petitioner filed an application raising several preliminary objections which, the arbitral tribunal impugned award / order has rejected. The petition is filed challenging the same.
(3.) Heard Mr.Hemendra P. Baxi, learned counsel for the petitioner, Mr.Vinay D. Bairagar, learned counsel for respondent No.5 - M/s. Ketan Engineering, Mr.G.M. Amin, learned counsel for respondent No.3 - GCCI and Ms.Jhala, learned AGP for the respondent - State through Video Conferencing.;


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