BHAVINKUMAR ARVINDBHAI PATEL PROP. OF MAA INFRA Vs. SARDAR SAROVAR NARMADA NIGAM LIMITED THROUGH CHAIRMAN/MANAGING DIRECTOR

JUDGEMENT

(1.) By this writ-application under Article 226 of the Constitution of India, the writ-applicant has prayed for the following reliefs:-

(2.) We have heard Mr. Sukhwani, the learned counsel appearing for the writ-applicant and Mr. Sanjay Mehta, the learned counsel appearing for the respondents.

(3.) Having regard to the materials on record and the issues that have cropped up in the present litigation for the consideration of this Court, we are of the view that the writ-applicant shall be asked to avail the remedy under the Gujarat Public Works, Contracts, Disputes, Arbitration Tribunal under the Act, 1992. We are saying so, more particularly, keeping in mind the decision of the Supreme Court in the case of State of Gujarat and Another Vs. Amber Builders reported in 2020 (2) SCC 540. We clarify that we have otherwise not expressed any opinion on the merits of this case. We are not inclined to entertain this writ-application considering that there are disputed questions of fact and such disputed questions can be resolved by the Tribunal as the parties can even lead evidence oral as well as documentary before the tribunal.