MANGALAM BUILDCON NOW KNOWN AS SHRI MANGALAM BUILDCON (I) PVT. LTD. Vs. EXECUTIVE ENGINEER, PANCHAYAT ROAD AND BUILDING DIVISION

JUDGEMENT

(1.) Heard. Petitioner is a registered Partnership Firm having registration of AA Class Contractor and it is duly registered with the R & B Department, Surat, in Special Category-I and is engaged in construction of bridges and has earned reputation in the field of construction since last many years. After having successfully and satisfactorily completed various works, participated in the tender bid invited by the respondent on 11/11/2016 for the construction of major bridge across river Anas on Tanda Bhavani Mandir to Anas river M.P. Border Road at Taluka and District Dahod. The estimated cost of the tender was Rs.15,88,57,799.11 as against which the petitioner quoted Rs.13,03,38,173.80 and petitioner's bid being lowest, contract was awarded and works order came to be issued on 11/11/2016 and after completing all the formalities including furnishing of security deposit in the form of fixed deposit receipt, the work was commenced and completed within the original time limit fixed, resulting in Completion Certificate being issued to the said effect by the competent authority. As against total running bills submitted, an amount of Rs.24,02,873.00 was due and payable by respondent which came to be demanded by the petitioner and same has not been paid. Hence, petitioner got issued a legal notice on 5/11/2020 calling upon the respondents to appoint an Arbitrator for resolving the dispute arising under the subject contract as mentioned in Clause 30 of the Agreement. No reply was received. Hence, present petitioner has been filed.

(2.) Respondent on being notified has filed the reply denying the averments made in the petition except to the extent expressly admitted thereunder.

(3.) Having heard Shri Narendra Ramnani, learned counsel appearing for petitioner and Shri H.S.Munshaw, learned advocate appearing for the respondent, this Court is of the view that only question that would arise is :