1. The present application has been preferred by the applicant-original petitioner to review and/or recall the judgment and order passed by this Court dated 05/02/2010 in Arbitration Petition No. 92/2009.
2. The learned advocate appearing on behalf of the applicant has relied upon the decision of the Hon'ble Supreme Court in the case of V. Tech Escher Wyass Flovel Ltd. Vs. M.P.S.E. Board and Anr in Civil Appeal No. 3746 and 3747 of 2005 by submitting that the concerned tribunal would not have any jurisdiction to entertain the dispute between the parties and, therefore, it is requested to review and/or recall the order passed by this Court and restore the Arbitration Petition to file.
3. Having heard the learned advocates appearing on behalf of the respective parties and considering the order passed by this Court dated 05/02/2010 in Arbitration Petition No. 92/2009 and the decision of the Hon'ble Supreme Court in the case of V. Tech Escher Wyass Flovel Ltd. (Supra) relied upon by the learned advocate appearing on behalf of the applicant, it appears that the said decision would not be applicable to the facts of the present case. This Court by detailed judgment and order has held that the dispute with respect to "works contract" would be maintainable before the tribunal constituted under the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992.
4. Under the circumstances, no case is made out to recall and/or review the order passed by this Court. In view of the above, there is no substance in the present application, which deserves to be dismissed and is accordingly dismissed.
(M.R.
SHAH, J.) siji Top