STATE OF GUJARAT Vs. PARTH ASSOCIATES

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order dated 12th February 2018 passed in Civil Application No.1 of 2017 in Arbitration Reference No.37 of 2015 by the learned Gujarat Public Works Contracts Disputes Arbitration Tribunal, Ahmedabad (hereinafter be referred to as "the Tribunal") whereby the learned Tribunal has allowed the application and condoned the delay with costs of Rs.7,000/-, the applicant - State of Gujarat has preferred the present civil revision application.

(2.) Brief facts of the present case are that the tender was issued for "constructing earthen bund and providing spurs" at Village: Vautha, Taluka: Dholka of Sabarmati river of flood protective scheme and after following due procedure, the tender was given to respondent at Rs.3,37,20,406/- and for security, respondent had been deposited some amount and pursuant to which the work order was issued on 28.12.2007 and in view of the same, the work was required to be completed on or before 27.10.2008 considering the stipulated time limit of 10 months from the date of the work order. It is alleged that vide order dated 28.04.2010, the Executive Engineer had ordered to recover the liquidated damages for an amount of Rs.35,69,453/- for non- maintenance of proportionate progress pursuant to the tender clause (2) and accordingly, the contract with the respondent was terminated as per clause (3) of the tender for non-completion of the said work. It is alleged that the respondent had served the claim notice to the State Authority on 08.06.2015 which was duly replied on 24.07.2015. It is further alleged that thereafter, the respondent had preferred Arbitration Reference No.37 of 2015 before the learned Gujarat Public Works Contracts Disputes Arbitration Tribunal at Ahmedabad seeking to adjudicate the dispute between the parties of Rs.1,56,10,314/- towards all the above claim along with the interest at the rate of 18% per annum from the due date i.e. from the date of claim notice dated 08.06.2015, till date of actual payment or realization of the scheme and as there was a delay in preferring the arbitration reference, the application being Civil Application No.1 of 2017 was preferred for delay.

(3.) Heard Ms.Megha Chitaliya, learned Assistant Government Pleader for the applicant - State. When the matter is taken up for hearing, nobody has appeared on behalf of the respondent.