HARJI ENGINEERING Vs. UNION OF INDIA

JUDGEMENT

(1.) This intra-Court appeal filed by the writ petitioner is directed against the order dtd. 6/7/2023 in W.P.A. 12900 of 2023. In the said writ petition, the appellant had challenged the action of the 2nd respondent in floating a new tender with regard to the subject work through 'Risk and Cost' of the petitioner/appellant, who was initially awarded the tender, which stood terminated consequently. As against the order of termination, the appellant has rightly invoked the arbitration clause and notices have also been issued and the appellant has also moved an application under Sec. 9 of the Arbitration and Conciliation Act, 1996 (for brevity, "the Act") before the learned single Bench of this Court. We are informed by the learned advocate appearing for the appellant that the arguments have been heard by the learned single Bench and orders have been reserved.

(2.) The learned advocate appearing for the 2nd respondent/tendering authority submits that in the said application filed under Sec. 9 of the Act, an order of status quo has been granted and the 2nd respondent has questioned the jurisdiction of the learned single Bench of this Court to entertain the application filed under Sec. 9 of the Act and the appropriate forum would be the Commercial Court at Rajarhat and not before this Court.

(3.) The learned advocate appearing for the 2nd respondent submitted that the new tender floated has been finalised and a third party has been awarded the work.