Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Works Contract Arbitration and Conciliation Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992: s.2(1)(k)and (i) - 'Works Contract' - 'Public Undertaking' - Held: The local authority could assume the garb of 'Public Undertaking' only pursuant to a notification published in that regard in official gazette. Arbitration and Conciliation Act, 1996: ss. 11 (2), (5) and (6) - Appointment of arbitrator - Arbitration clause in agreement not providing for any procedure for appointment of arbitrator - Held: Since parties have agreed to resolve their dispute by arbitration, provisions of sub-section (5) can be pressed into service to enable the parties to invoke powers of Chief Justice to appoint an arbitrator- In the circumstances of the case, in order to avoid delay, instead of remitting the matter to High Court, arbitrator appointed. The appellant, a construction company, carried out the work entrusted to It by the respondent Corporation. Clause 30 of Form B-1, which was made applicable In the contract entered Into between the parties when appellant's tender was accepted, provided for appointment of an arbitrator. Dispute arose with regard to payment. The applicant filed an application u/s.11 of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator to resolve the dispute. The High Court noticing the provisions of s.2(1 )(i) of the Gujarat Public A Works Contracts Disputes Arbitration Tribunal Act, 1992 held that since no notification was issued under _the Act with respect to the respondent Corporation it was not "Public Undertaking" and, therefore, the work entrusted to the appellant could not be termed as a "Work . Contract" as defined u/s.2(1 )(k) of the Gujarat Tribunal Act and, as such, the Arbitration Tribunal of the State would have no jurisdiction. The High Court further held that since the arbitration agreement between the parties did not lay down any procedure for appointing an arbitrator, the Designated Judge could not invoke the jurisdiction u/s.11(6) of the Act. In the appeal filed by the Construction company, the questions for consideration before the Court were: whether in the absence of a Notification in the Official Gazette, the respondent Municipal Corporation could at all be considered as a Public Authority for the purpose of Section 2(1)(k) of the Gujarat Tribunal Act, 1992 and whether the absence of a procedure for appointment of an arbitrator in the arbitration agreement, would constitute a bar for appointment of an arbitrator u/s 11 (6) or any other provision of the 1996 Act, when not only the parties to the proceedings, but the High Court also, had arrived at a conclusion that the provisions of the Gujarat Tribunal Act, 1992, would not be applicable in the case. |
Judge | Honble Mr. Justice Altamas Kabir |
Neutral Citation | 2009 INSC 26 |
Petitioner | Om Construction Co. |
Respondent | Ahmedabad Municipal Corp. & Anr. |
SCR | [2009] 1 S.C.R. 232 |
Judgement Date | 2009-01-13 |
Case Number | 107 |
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