GHANSHYAMBHAI INDRAVADANBHAI PANDYA - REGD PARTNER OF GOPINATH CONSTRUCTION Vs. MAHARAJA SAYAJIRAO UNIVERSITY

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned order passed by the learned Commercial Court, Vadodara dated 20/9/2016 passed below Ex.9 in Commercial Civil Suit No.252 of 2016, by which the learned Commercial Court has allowed the said application preferred by the original defendant and has rejected the plaint in exercise of the powers under Order 7 Rule 11(d) of the Code of Civil Procedure on the ground that in view of the provisions of the Gujarat Public Works Contract Disputes Arbitration Act, 1992 (hereinafter referred to as "the Act of 1992" for short), the suit before the Civil Court / Commercial Court shall not be maintainable and the dispute between the parties to the suit is required to be resolved by the learned tribunal constituted under the provisions of the Act, the original plaintiff has preferred the present First Appeal.

(2.) Mr.Ansin Desai, learned Senior Advocate has appeared on behalf of the appellant original plaintiff and Mr.Jayraj Chauhan, learned advocate has appeared on behalf of the original defendant.

(3.) At the outset, it is required to be noted and it is not in dispute that the dispute between the parties is pertaining to and/or with respect to the Public Works Contract. The aforesaid is not disputed by Mr.Desai, learned Senior Advocate appearing on behalf of the original plaintiff. On an application filed by the defendant below Ex.9 submitted under Order 7 Rule 11 of the Code of Civil Procedure and relying upon and considering the decision of the learned Single Judge in the case of Sardar Patel University Versus Patel and Company, 1999 2 GLR 1264, and decision of the Division Bench of this Court in the case of Sorathia Velji Ratna & Co. Versus Gujarat Agricultural University and another, 2000 4 GLR 3666, by which with respect to other Universities established under the provisions of the University Act, 1969 and with respect to Sardar Patel University and considering the provisions of the Act of 1992, the learned Commercial Court has allowed the said application and held that the Suit before the Civil Court / Commercial Court shall be barred and the dispute between the parties is required to be resolved only through / by the learned tribunal constituted under the provisions of the Act of 1992.