STATE OF GUJARAT Vs. ANIL J JHATAKIA

JUDGEMENT

(1.) RULE. Mr. Asish Dagli, learned Advocate waives service of rule on behalf of the respondent. With the consent of the learned Advocates appearing on behalf of the respective parties, the petition is taken up for final hearing today.

(2.) BY way of this petition under Article 227 of the Constitution of India, the petitioners State of Gujarat and others have prayed for an appropriate order quashing and setting aside the impugned orders dated 24. 20. 2005 as well as 17. 02. 2006 passed in Misc. Civil Application No. 4 of 2002 by which the learned trial Court has allowed the said applications submitted by the respondent herein for appointment of arbitration and naming arbitrator.

(3.) MR. AMIT Patel, learned AGP appearing on behalf of the petitioners has submitted that dispute, if any, between the respondent and the petitioners was required to be decided and/or adjudicated upon by the Tribunal constituted under the Gujarat Public Works Contract Tribunal Arbitration Act, 1993. It is also submitted that even pending dispute before the Civil Court was required to be transferred to the said Tribunal. Therefore, it is submitted that the learned trial Court could not have passed the impugned orders referring the dispute to the arbitration and appointing arbitrator exercising powers under the provisions of the Arbitration and Conciliation Act, 1940 and/or Arbitration and Conciliation Act, 1996. Therefore, it is requested to allow the present Special Civil Application and quash and set aside the impugned orders.