STATE OF GUJARAT Vs. AMBER BUILDERS

JUDGEMENT

(1.) The main question which arises for decision in these appeals is whether the Gujarat Public Works Contract Disputes Arbitration Tribunal (hereinafter referred to as 'the Tribunal') constituted under Section 3 of the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 (hereinafter referred to as 'the Gujarat Act') has jurisdiction to make interim orders in terms of Section 17 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the A&C Act').

(2.) At the outset, it may be noted that the Gujarat Act was enacted with a view to compulsorily refer all disputes arising out of "works contract" entered into by the State Government or the Public Sector Undertakings with any other person for those works defined as "works contract" in terms of Section 2 (k) of the Gujarat Act. As far as this case is concerned, it is not disputed that the contract entered into between the appellant State and the respondentcontractor was a "works contract". The contract order pertaining to the parties dated 31.07.2007 contained an arbitration clause, relevant portion of which reads as follows:

(3.) It is not disputed that the Gujarat Act is applicable in the present cases. We are mainly concerned with Clause 43.A of the contract entered into between the parties, which reads as follows: