RAJ TRISHUL CONSTRUCTION CO Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is directed against the order dated 10.05.2011 passed by the learned District Judge in Civil Misc. Application 688/05, whereby the application has been rejected.

(2.) HEARD Mr.Raj for the appellant.

(3.) THE relevant facts are that a tender was floated for giving contract by the respondent no.1 and its officers. As per the appellant, thereafter vide letter dated 15.04.2000, the tender was accepted. But before the formal contract was entered into vide communication dated 13.03.2001, the appellant was informed by the respondents 1 and 2 that as the Government itself is desirous to undertake the process of tax collection, the tender is cancelled. Under these circumstances, the appellant raised the dispute under the Arbitration and Conciliation Act, 1996 ( the Act for short). It appears that the matter was thereafter carried before this Court for appointment of the arbitrator and as per the appellant, this Court directed for appointment of the arbitrator with the specific observation that the question of maintainability of the arbitration shall also be decided including on the aspect as to whether there was any concluded contract or not.