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IAAP/4/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
PETN.
UNDER ARBITRATION ACT No. 4 of
2008
======================================
SUPREME
CREATIVES PRIVATE LIMITED - Petitioner
Versus
GUJARAT
STATE ELECTRICITY CORPORATION LTD. THE GUJARAT URJA & 1 -
Respondents
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Appearance :
MR
GM JOSHI for the Petitioner.
None for the
Respondents.
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 12/03/2010
ORAL
ORDER
1. The
present petition under Section 11 of the Arbitration and Conciliation
Act,1996, has been preferred by the petitioner to appoint an
Arbitrator to resolve the dispute between the parties or in the
alternative, to refer the matter to the arbitration of Gujarat State
Public Works Arbitration Tribunal.
2. In
view of the Arbitration Clause mentioned in the contract, all
questions/disputes/differences are required to be referred to the
Gujarat Public Works Contracts Disputes Arbitration Tribunal as
per the provisions of the Gujarat Public Works Contracts Disputes
Arbitration Tribunal Act,1992.
3. Under
the circumstance and in view of the above, prayer of the petitioner
to appoint an arbitrator under Section 11 of the Arbitration and
Conciliation Act,1996, cannot be granted.
4. Now
so far as alternative prayer of the petitioner to refer the dispute
to the arbitration of Gujarat State Public Works Arbitration Tribunal
is concerned, there is no question of referring the dispute by this
Court to the said Tribunal in exercise of power under Section 11(6)
of the Arbitration and Conciliation Act,1996. It is for the applicant
to approach the said Tribunal by way of appropriate application /
reference.
5. Under
the circumstance, no relief can be granted in favour of the
petitioner. There is no substance in the present petition, which
deserves to be dismissed and the same is accordingly dismissed. No
costs.
[M.R.SHAH,J]
*dipti
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