PRABHUDAS KALIDAS & CO Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned AGP Mr. Utkarsh Sharma waives service of rule on behalf of the respondents. With the consent of the parties, the matter is taken up for final hearing.

(2.) Heard learned advocate Mr. N.L. Ramnani for Ms. Bhavnani, learned advocate appearing for the petitioner and learned AGP Mr. Utkarsh Sharma appearing for the respondent.

(3.) By way of this petition under Article 226 of the Constitution of India the petitioners have challenged the orders, dated 14.06.011 passed by Gujarat Public Works Contracts Disputes Arbitration Tribunal, Ahmedabad in Arbitration Reference No. 250 of 1996, 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 & Anr., (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.