GHANSHYAMBHAI AND BROTHERS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal has been filed praying for quashing and setting aside the order dated 14.08.2006 passed below Ex. 164 by the Hon'ble Civil Judge (S.D.), Jamnagar in Special Civil Suit No. 111 of 1992 whereby the trial court quashed the award passed by the sole arbitrator.

(2.) MR . K.G. Sukhwani, learned advocate appearing for the appellant submitted that the trial court failed to appreciate that the order appointing sole arbitrator was pursuant to section 8 of the Arbitration and Conciliation Act 1996 (hereinafter referred to as 'the Act') and that the notification issued by this Court on laying down the scheme for appointment of arbitrators by the Chief Justice of Gujarat High Court in 1996 was meant for the proceedings initiated as per the provisions of section 11 of the Act. He submitted that the trial court failed to appreciate that the provisions of the notification were not attracted to the facts of the present case.

(3.) MR . Sukhwani further contended that the trial court failed to appreciate that respondent no. 1 State of Gujarat was a formal party and that there was no privity of contract between the appellant and respondent no. 1 State of Gujarat. He submitted that the trial court also failed to appreciate that no notice was required to be issued by the arbitrator to respondent no. 1.