M/S SARDAR CONSTRUCTION CO.versusSTATE OF GUJARAT
1999 INSC 2325 January 1999Dismissed
Miss Sardar Construction Co. entered into a works contract with the State of Gujarat and an arbitration award was made before 1 January 1994, the date on which the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 came into force. The award had not become final when the Act became operative. The pe…
OM CONSTRUCTION CO.versusAHMEDABAD MUNICIPAL CORP. & ANR.
2009 INSC 2613 January 2009Appeal(s) allowed
OM Construction Co, a contractor, completed stone‑paving work for Ahmedabad Municipal Corporation (AMC) but was not paid the full amount due. The contract contained Clause 30 of Form B‑1, which referred disputes to arbitration, but the arbitration clause did not specify a procedure for appointing an arbitrator. OM Cons…
STATE OF GUJARAT THROUGH CHIEF SECRETARY & ANR.versusAMBER BUILDERS
2020 INSC 168 January 2020Disposed off
The State of Gujarat awarded a contract to Amber Builders for highway work, which the contractor completed but later faced a claim of defective repair and a demand for Rs.1.09 crore. The State issued a notice seeking payment, which the contractor challenged in the Gujarat High Court, leading to a writ petition that was…
BHAVEN CONSTRUCTION THROUGH AUTHORISED SIGNATORY PREMJIBHAI K. SHAHversusEXECUTIVE ENGINEER SARDAR SAROVAR NARMADA NIGAM LTD.& ANR.
2021 INSC 96 January 2021Appeal(s) allowed
The appellant, Bhaven Construction, entered into a contract to manufacture and supply bricks that contained an arbitration clause. It unilaterally appointed a sole arbitrator, who dismissed Respondent No.1's Section 16 challenge to his jurisdiction. Instead of using the statutory remedy under Section 34, Respondent No.…