WAVE INDUSTRIES PVT LTD Vs. GUPTA & COMPANY

JUDGEMENT

(1.) Heard Mr. V. K. Kohli, Senior Advocate assisted by Ms. Vandana Singh, Advocate for the appellant and Mr. S. K. Posti, Advocate for the respondent.

(2.) The appellant before this Court in order to construct a sugar mill at Bidwi in District Saharanpur, Uttar Pradesh vide its notice dated 20.12.1989 floated a tender for construction of the residential quarters of categories A, B, C, D, E & G besides two dormitories and a guest house. It was also to cater for provision of arranging water supply, sanitary and connected electrical works. The tender contained preprice bills of quantities and the invitees were supposed to quote their percentage over or below the rates proposed by the Corporation in the bill of quantity. The entire work was to be completed within 12 months and tenders were to be submitted upto 30/01/1990 and opened on 30.1.1990 itself.

(3.) Meanwhile, M/s Gupta & Company invoked the arbitration clause in their contract and moved the Civil Court. The learned Civil Judge (Senior Division), Dehradun passed the following order on 7.12.2004.