RMG ALLOY STEEL LIMITED Vs. AMI BULDERS

JUDGEMENT

(1.) Heard learned advocate Ms.Sangeeta Pahwa for Thakkar & Pahwa Advocates for the petitioner and learned advocate Mr.N.L. Ramani for the respondent.

(2.) By filing the present petition, the petitioner company has challenged, praying to set aside order dated 03rd March, 2016 passed by learned 6th Additional District Judge, Ankleshwar, below application Exh.10 in Civil Miscellaneous Application No.81 of 2013. By the impugned order, the court below held that the District Court, Ankleshwar, Bharuch, did not have the jurisdiction to entertain the application filed under Section 34 of the Arbitration and Conciliation Act, 1996 and the application was returned to the applicant-petitioner for presentation of the same before the appropriate court.

(3.) Noticing the facts of the case from the record of the petition, the petitioner was engaged in the business of manufacturing of the metal products whereas the respondent dealt in the business of civil and structural construction work. It appears that petitioner approached the respondent for construction of fifteen flats of particular type to provide accommodation to its staff at Bharuch and for that the work order was placed on 12th October, 1994. On account of the delay in completion of the work and dispute over the quality of construction etc., as per the case of the petitioner, it suffered loss.