Rule. Mr. Sukhwani, learned counsel waives service of the Rule for the respondent.
The learned counsel for the parties agree that the controversy raised in this petition is already concluded by the decision of this court in Special Civil Application No.9623 of 2000 wherein this court has held that the Housing Board is a public undertaking as defined by the Gujarat Public works contracts Disputed Arbitration Tribunal Act, 1992.
In view of the above, the impugned order dated 10.8.2000 of the Gujarat Public Works contracts Disputes Arbitration Tribunal in Arbitration Reference No. 79 of 1999 is hereby quashed and set aside. The Tribunal shall here and decide Arbitration Reference No.79 of 1999 on the basis that the Gujarat Housing Board is a public undertaking within the meaning of the above Act.
Rule is made absolute to the aforesaid extended with no order to costs.
Dt.27.7.2001.[M.S.SHAH,J.]