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Gujarat High Court

Narmada Clean- Tech & vs Indian Council Of Arbitration & 2 on 10 July, 2015

Author: N.V.Anjaria

Bench: N.V.Anjaria

         C/SCA/3072/2014                                           ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            SPECIAL CIVIL APPLICATION NO. 3072 of 2014
===========================================================
            NARMADA CLEAN- TECH & 1....Petitioner(s)
                            Versus
       INDIAN COUNCIL OF ARBITRATION & 2....Respondent(s)
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Appearance:
M/S TRIVEDI & GUPTA, ADVOCATE for the Petitioner(s) No. 1 - 2
MR KG SUKHWANI, ADVOCATE for the Respondent(s) No. 3
MS AMRITA M THAKORE, ADVOCATE for the Respondent(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2
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         CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA
                      Date : 10/07/2015
                                 ORAL ORDER

Concededly in view of order dated 06.02.2015 passed in Petition under Arbitration Act No. 62 of 2014 and cognate matter in Balaji Fiber Reinforcement Pvt. Ltd. vs. Narmada Clean Tech Limited, the petitioner is not a "Public Undertaking", resultantly the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992, does not apply to the petitioner. This divests the petitioner of its locus to prosecute this petition.

2. Learned advocate Mr. Abhishek Mehta for M/s. Trivedi & Gupta, Advocate for the petitioners seeks permission to withdraw this petition with a view to avail alternative remedy.

3. Permission, as prayed for, is granted without expressing anything on the merits of this petition as well as on the availability of the alternative remedy.

4. Accordingly, this petition is disposed of, as withdrawn. Notice is discharged. Interim relief, if any, stands vacated.

(N.V.ANJARIA, J.) chandrashekhar Page 2 of 2