The petitioners, Union of India and Deputy Chief Engineer, Western Railway, Ahmedabad, have filed this petition praying a writ of mandamus or writ in the nature of mandamus or any other appropriate writ, order or direction for quashing and setting aside the order dated 29.6.2001 passed in Arbitration Petition No.19 of 2001 filed by M/s.Creative Construction Company Limited.
Mr.Jayant Patel, learned Counsel instructed by Mr.Mukesh Patel, learned advocate appearing on behalf of the petitioner.
The learned advocate for the petitioner has relied upon Clause 64 of General Conditions of Contract. He has relied upon `No Claim Certificate' issued by Contractor in this behalf. He has also relied upon the judgment of the Hon'ble Supreme Court in the case reported in (1999) 8 SCC 572 so that this Court can exercise the powers under Article 226/227 of the Constitution of India in this behalf. He has also relied upon another judgment of the Hon'ble Supreme Court in the case of Wild Life Institute of India, Dehradun Vs. Vijay Kumar Garg reported in (1997) 10 SCC 528 and also order of this Court in Arbitration Petition Nos.10,11, 14 & 15 of 2001 dated 6.7.2001 passed by this Court. In view of the same, Rule. Notice as to interim relief returnable on 8th August, 2001. Direct Service is permitted.
(K.M. Mehta, J.) syed/