High Court of Gujarat

NIRMAL BUILD INFRA PRIVATE LIMITEDversusSTATE OF GUJARAT

Disposal: 47-DISPOSAL IN ANY OTHER MODE FH
Bench: HEMANT M PRACHCHHAK

Holding

The Court held that the Arbitration Tribunal must decide the petition as expeditiously as possible, preferably within one year of the order.

Summary

Nirmal Build Infra Private Ltd filed a Special Civil Application seeking a direction that Arbitration Petition No. 38 of 2025 be heard and decided expeditiously under Section 8(4) of the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992. The petitioner argued that the contract dated 2022 and the arbitration petition filed in 2025 required prompt resolution because the second respondent was taking coercive steps against it. The respondent contended that the arbitration petition was already filed in 2025 and appropriate orders could be passed in the present application. The Court noted that several arbitration petitions predating 2025 were still pending before the Tribunal and therefore directed the Tribunal to decide the present petition as quickly as possible, preferably within one year of the order. No costs were awarded, and the Special Civil Application was disposed of with a rule made absolute and direct service permitted.

Issues considered

Whether the High Court can direct the Arbitration Tribunal to decide an arbitration petition expeditiously under Section 8(4) of the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992.
Whether such a direction is warranted given the pendency of earlier arbitration petitions.

Legislation cited

Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992s. 8(4)

Subjects

ArbitrationSection 8(4)Gujarat Public Works Contracts Disputes Arbitration Tribunal Actexpeditious hearingSpecial Civil ApplicationHigh Court direction

Judgment

     C/SCA/3470/2026                                 JUDGMENT DATED: 20/03/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 3470 of 2026


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

==========================================================

            Approved for Reporting                  Yes          No
                                                                 No
==========================================================
                       NIRMAL BUILD INFRA PRIVATE LIMITED
                                      Versus
                           STATE OF GUJARAT & ANR.
==========================================================
Appearance:
PARAS K SUKHWANI(8284) for the Petitioner(s) No. 1
VAIBHAV SHARMA AGP for the Respondent(s) No. 1,2
==========================================================

 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                                Date : 20/03/2026

                                ORAL JUDGMENT


1.      RULE. Rule returnable forthwith. Mr.Vaibhav Sharma, learned
AGP waives service of rule for the respondents.

2.      With the consent of the learned counsels for the parties, the
matter is taken up for %nal hearing and disposal.

3.      By the present writ petition, the petitioner is seeking a direction
to hear and decide the Arbitration Petition No. 38 of 2025 as
expeditiously as possible and within the mandate of Section 8(4) of



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       C/SCA/3470/2026                                                                JUDGMENT DATED: 20/03/2026




 the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act,
 1992.

 4.         Mr.Paras Shukhwani, learned counsel submits that the contract
 is of the year 2022 and the notice was issued in the Arbitration
 Petition No.38 of 2025. He submits that the respondent No.2 is
 already served. Learned counsel submits that pending the arbitration
 proceedings, the respondent No.2 is taking coercive steps against the
 petitioner and therefore, in the interest of justice, hearing of the
 Arbitration Petition No.38 of 2025 be expedited.

 5.         Mr.Vaibhav Sharma, learned Assistant Government Pleader
 submits that the arbitration petition has been %led in the year 2025
 and therefore, appropriate orders may be passed in the present case.
 Petition No.38 of 2025 be expedited.

 6.         Considering the submissions and the fact that even the
 arbitration petitions prior to the year 2025 are still pending
 before the learned Arbitration Tribunal, it is directed that the
 learned Arbitration Tribunal shall decide the present Arbitration
 Petition as expeditiously as possible and preferably within a
 period of 1 year from the date of receipt of this order.

 7.         With          the        aforesaid              direction,             present            Special            Civil
 Application             stands           disposed             of      accordingly.               Rule         is     made
 absolute to aforesaid extent. There shall be no order as to costs.
 Direct Service is permitted.

                                                                           (HEMANT M. PRACHCHHAK,J)
 V.R. PANCHAL

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VIJAYKUMAR RAMESHBHAI PANCHAL(HC00171), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 23/03/2026 17:50:38




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