GUJARAT INDUSTRIAL DEVELOPMENT CORPORATION (GIDC) LTD Vs. GRAPHITE INDIA LTD.

JUDGEMENT

(1.) By way of this First Appeal under Sec. 96 of Code of Civil Procedure, 1908, the appellant - Gujarat Industrial Development Corporation has challengedthe egality and validity of the judgment and order passed by the learned District Civil Judge, Bharuch dtd. 26/3/2016 passed in Civil Misc. Application No. 209 of 2014 under Sec. 34 of Arbitration and Conciliation Act , 1996 (hereinafter referred as to the "Act") by virtue of which judgment, an application of present appellant came to be rejected.

(2.) The facts which has given rise to filing of this appeal are that the appellant - Gujarat Industrial Development Corporation had invited a tender for providing and laying down 1200 mm dia GRP water supply line from Angareshwar Intake Water Works to GIDC Compound at Bhersam. The said invitation of tender was in or around April, 2005. The Corporation had invited the sealed tenders for such work in two separate sealed covers i.e. technical bid and price bid. Since the rates were found to be competitive of respondent, the same was accepted and an agreement came to be executed with regard to the said work. The terms and conditions of the contract also accepted by both the sides i.e. appellant as well as respondent. The contract to that effect was executed between the Executive Engineer, GIDC and the opponent claimant herein. The said contract was also having a specific clause with regard to the dispute relating to contract how to be resolved and for that Clause-20 was in detail mentioned indicating the procedure and terms of such resolution.

(3.) The present appeal was entertained by the Division Bench of this Court vide order dtd. 3/10/2016 and while admitting the appeal in stay application i.e. Civil Application No.9284 of 2016 after hearing both the sides, the directions have been issued, which the Court would like to reproduce hereunder: