SARDAR SAROVAR NARMADA NIGAM LIMITED C O EXECUTIVE ENGINEER Vs. AARTI STEEL INDUSTRIES C O AJITBHAI M VAISHVIKAR

JUDGEMENT

(1.) Sardar Sarovar Narmada Nigam Limited - Appellate (original respondent) has filed these First Appeal Nos.1679 of 2000 and 1680 of 2000 under section 39 of Arbitration Act, 1940 (hereinafter be referred to as the Old Arbitration Act) against the judgment and decree passed by the Civil Court (Senior Division) at Vadodara in Civil Miscellaneous (Arbitration) Application No.255 of 1999. The trial court by the impugned judgment and decree please to confirm the award of the arbitrator under section 14(2) of the old Arbitration Act filed by Aarti Steel Industries-respondent (original claimant). The trial court confirmed the award dated 15th June, 1999 passed by Arbitrator in this behalf.

(2.) The relevant facts of these appeals are as under:-

(3.) As the differences or dispute arose between the original claimant and original respondent. The respondent, therefore, preferred a reference application before the Gujarat Public Works Contract Disputes Arbitration (hereinafter be referred to as the Tribunal at Ahmedabad) somewhere on 4th July, 1995. The respondent, thereby commenced the Arbitration proceedings under the relevant Act before Tribunal. The tribunal, after receiving the said application issued notice to the original respondent (appellant herein). The appellant (original respondent) filed his reply to the said application somewhere on 18th September, 1995. Thereafter,the Tribunal at Ahmedabad by its order dated 19th April, 1996 pleased to hold that it has no jurisdiction to decide the dispute between the parties, in view of the provision of the said relevant Act. Thereafter, the appellant has also filed review application and the Tribunal also passed an order dated 19th April, 1999 and please to reject the review application.