STATE OG GUJARAT Vs. AJIT CONSTRUCTION COMPANY

JUDGEMENT

(1.) Heard Mr. Manan Mehta, learned Assistant Government Pleader for the petitioner - State of Gujarat. Though served, no one appears for the respondent.

(2.) By way of this petition under Article 226 of the Constitution of India, the petitioner has challenged the order dated 22.3.2011 passed by Gujarat Public Works Contracts Disputes Arbitration Tribunal, Ahmedabad in Civil Application No. 214 of 1996 in Arbitration Reference No. 63 of 1997, whereby relying upon the judgment of the Apex Court in the case of V. A. Tech. Escher Wyas Flovel Limited v. Madhya Pradesh State Electricity Board and Anr., reported in (2011) 13 SCC 261, disposed of the Reference before it by holding that it is covered by the said judgment and that the Arbitration Reference was not maintainable before the Tribunal.

(3.) Mr. Manan Mehta, learned Assistant Government Pleader submitted that the Tribunal relying upon the judgment of the Apex Court in the case of V.A. Tech. Escher Wyas Flovel Limited (supra) has disposed of the Reference as not maintainable. The learned Assistant Government Pleader, relying upon the judgment in the case of Madhya Pradesh Rural Road Development Authority and Anr. v. L. G. Chaudhary Engineers and Contractors, reported in (2012) 3 SCC 495, submitted that the judgment in the case of V. A. Tech. Escher Wyas Flovel Limited (supra) is held to be per incurium and it is further held that the Tribunal has jurisdiction to entertain the Reference. The learned Assistant Government Pleader has also further relied upon the judgment and order dated 26.6.2014 passed in Special Civil Application No. 12632 of 2012 and allied matters, judgment and order dated 23.4.2015 passed in Special Civil Application No. 1086 of 2015 as well as the judgment and order dated 19.8.2015 passed by this Court in Special Civil Application No. 15730 of 2012 and has contended that the petition deserves to be allowed as prayed for and the proceedings of Arbitration Reference No. 63 of 1997 deserve to be restored back to the file of the Tribunal.