WAGAD CONSTRUCTION COMPANY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS Misc. Appeal under Section 37 of the Arbitration & Conciliation Act, 1996 (hereinafter to be referred as the Arbitration Act) has been filed against the order dated 25.5.2009 passed by the learned District Judge, Jhalawar, whereby application moved under section 9 of the Arbitration Act has been rejected.

(2.) NECESSARY facts for the disposal of the appeal are that appellant is a construction company. A tender was submitted by the Company for the completion of work in relation to construct an Anicut near Ramdi Village in Kalisindh River. The tender was accepted in March, 2007 and ultimately on account of non-performance of the contract, the contract was cancelled. The appellant moved an application under Section 9 of the Arbitration Act before the District Judge, Jhalawar that came to be decided on 25.5.2009. Hence this misc. appeal has been preferred.