SPML INFRA LTD Vs. GUJARAT WATER INFRASTRUCTURE LTD

JUDGEMENT

(1.) In the above noted three petitions filed under Sec. 11(6) of the Arbitration and Conciliation Act, 1996 (in short "the Arbitration Act, 1996"), the common question arose with respect to the applicability of the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 (in short "the Arbitration Tribunal Act, 1992") which provides for reference of dispute arising between the parties to the works contract, to the tribunal for arbitration under Sec. 8 of the Arbitration Tribunal Act, 1992. They have been heard together and are being decided by this common judgment.

(2.) Pressing the instant petitions seeking for appointment of arbitrator under the Arbitration Act, 1996, it is vehemently argued by Mr.K.G.Sukhwani, learned counsel appearing for the petitioners that in view of Clause 20.3.1 of the Agreement pertaining to resolution of dispute, the matter has to be settled by arbitrator in accordance with the Arbitration Act, 1996. The notice sent by the petitioner under Sec. 21 of the Arbitration Act, 1996 has not been responded nor the respondent has acted upon the same in the matter of appointment of arbitrator, the petitioner has no option but to approach this Court invoking its jurisdiction under Sec. 11(6) of the Arbitration Act, 1996.

(3.) On the issue of applicability of the Arbitration Tribunal Act, 1992, it was argued that in view of an agreement between the parties to submit to the arbitrator under the Arbitration Act, 1996, the provisions of the Arbitration Tribunal Act, 1992 will have no application. It is further argued that in absence of any notification of the respondent being a public undertaking within the meaning of Sec. 2(i) of the Arbitration Tribunal Act, 1992, the dispute cannot be relegated to the tribunal under the said Act.