GAMMON INDIA LIMITED Vs. THE STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this petition, the petitioner prays (i) for setting aside the impugned order dated 30-9-2010 (Annexure - P/4) passed by the Chhattisgarh Arbitration Tribunal (for short "the Tribunal') in Ref. case No (Gammon India Ltd. v.The State of Chhattisgarh); (ii) to declare that the petitioner is entitled to the remedy of arbitration under the provisions of the Arbitration and Conciliation Act, 1996 (for short 'the Act, 1996"); (iii) to declare that the time period spent before the Tribunal shall be excluded for the purpose of limitation in the arbitration proceedings under the Act, 1996; and (iv) to issue orders for refund of Court fee amounting to Rs.6,98,714/-, which was deposited for instituting reference case before the Tribunal.

(2.) THE facts of the case, in brief, as projected by the petitioner, for adjudication of the dispute, are that the petitioner is a company incorporated under the provisions of the Companies Act, 1956 and the petitioner is engaged in the business of civil construction. THE petitioner was awarded the work of construction of road bridge across river Hasdeo, Korba, by the respondent authorities. Accordingly, the petitioner entered into an agreement with the unified State of Madhya Pradesh. However, after bifurcation of the State, the liability of payment of dues was transferred to the State of Chhattisgarh. According to the petitioner, clause 67 of the general conditions of contract provides for an arbitration clause. After completion of certain work, some disputes arose between the parties; therefore, a reference case No.5/2008 was submitted before the Tribunal on 7-2-2008 by the petitioner for adjudication of the disputes vide Annexure - P/2. Subsequently, the petitioner has moved an application (Annexure - P/3) before the Tribunal for decision on the issue of jurisdiction. In the said application, the petitioner has referred the decision of the Supreme Court rendered in VA Tech Escher Wyass Flovel Ltd. v. M.P.S.E. Board and Another. THE application filed by the petitioner has been dismissed by the Tribunal by order dated 30-9-2010 (Annexure - P/4). Hence, this petition.

(3.) I have heard learned counsel appearing for the parties, perused the pleadings and the documents appended thereto.