KISHOR M SAMANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has filed this petition under Article 226 of the Constitution of India with a prayer to quash and set aside the order dated 4.4.2000 passed by the learned Gujarat Public Works Contracts Disputes Arbitration Tribunal at Ahmedabad in Arbitration Reference No.88 of 1999 and for direction to the learned Tribunal to take up and decide the Arbitration Reference on merit.

(2.) HEARD Mr.Nalin K. Thakker, learned advocate for the petitioner and Ms.Dilbar Contractor, learned advocate appearing with Mr.P.R.Nanavati, learned advocate for the respondent Board.

(3.) HE has submitted that the work was to be completed within the period of eight months. The work order was issued on 12.4.1999 and, therefore, the work was required to be completed on or before 11.12.1999. The petitioner arranged to hire all the machineries, trucks, mining on rent and placed at the site and commenced the work on 19.4.1999 and Rs.50,000/ deposit was given to hire the crain at site to crain owner. He has submitted that he was compelled by leaders of Boat Association to stop the work. The association leader also started to quarrel with petitioner and labourer of petitioner and tried to cause damage to the vehicles. The petitioner intimated to the respondent on 19.4.1999 about the said facts and requested to control the same. He has submitted that the site of work is the property of respondent and it was the duty and obligation on respondent to restrain to leaders of Boat Association. He has submitted that no any security was given to petitioner or to their men by respondent. He has submitted that lot of correspondence between the petitioner and respondents establish that the respondents have failed to make arrangement to remove the hurdle created by local Kharva community in starting the work in question.