GRAY PARIKH ARCHITECTS PRIVATE LIMITED Vs. GUJARAT NATIONAL LAW UNIVERSITY
HIGH COURT OF GUJARAT
Gray Parikh Architects Private Limited
Gujarat National Law University
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Akil Abdul Hamid Kureshi, J. -
(1.) The petitioner is a private limited company rendering services of architectural and interior designing. The petitioner was engaged by the respondent Gujarat National Law University ("GNLU" for short) for rendering such services under an agreement dated 13.5.2008. This agreement contained arbitration clause in the following terms:
"All disputes or differences which may arise between the client and the architect under "Conditions of Engagement and Scale of Charges" with regard to the meaning or interpretation or matter or things done or to be done in pursuance hereof, such disputes and differences shall be referred for arbitration of the Council of Architecture. The decision and award of the arbitrator shall be final and binding on the Architect and the client.
This letter of appointment together with Conditions of Engagement and Scale of Charges of Council of Architecture, as appended herewith shall govern the agreement. This letter is being sent in duplicate. One copy may please be signed in token of your acceptance and returned to us."
(2.) Case of the petitioner is that the petitioner had rendered such services to the respondent as per the agreement, however, full payments were not made. Relations between the parties sored and several disputes surfaced. It appears that at one stage, both the sides decided to resolve the issues amicably. An agreement was signed by both the sides on 4.7.2012, copy of which is produced by respondent at Annexure -R -1 (page -62). The said agreement contained following terms:
"2. We agree to short close the contracts for comprehensive Architectural Services (dated 13/05/2008) and for interior designing (dated 01/06/2010) entered into between us. GNLU shall not copy, use, exploit or in any other manner deal with GPA drawings and/or designs either in part or full for GNLU campus situated at Koba or any other site or project.
(3.) GNLU will pay Rs. 51 lakh as full and final payments towards all contract, expectation, commitment between GNLU and the GPA.
GNLU will pay the first installment of 66.67% of the payable amount (amounting Rs. 34 lakhs) within five working days from the date of signing of this agreement which is in full and final settlement of both the contracts referred above and is willingly agreed by both the parties that there are no further liabilities due on the part of any of the parties hereto towards any of the contracts, sub contracts, and assignments there under, absolving both the parties from all liabilities towards each other.;
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