Gujarat High Court
M/S. Ravi Builders vs Union Of India, Through Executive ... on 4 August, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/FA/1652/2023 ORDER DATED: 04/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1652 of 2023
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M/S. RAVI BUILDERS
Versus
UNION OF INDIA, THROUGH EXECUTIVE ENGINEER & ANR.
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Appearance:
PARAS K SUKHWANI(8284) for the Appellant(s) No. 1
MR HARSHEEL D SHUKLA(6158) for the Defendant(s) No. 1
RULE UNSERVED for the Defendant(s) No. 2
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CORAM:HONOURABLE THE CHIEF JUSTICE MRS.
JUSTICE SUNITA AGARWAL
and
HONOURABLE MR.JUSTICE D.N.RAY
Date : 04/08/2025
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)
1. Having noted the facts recorded in the order dated 30.11.2022 passed by the Court under Section 34 of the Arbitration and Conciliation Act, 1996 [In short referred to as 'The Act'] and looking to the document at Page-234 of the paper-book, we do not find any reason to take any exception to the findings returned by the Court under Section-34 that the copy of the letter No.ARB/APJ/WZ-I/82/2010/41 dated 21.05.2010 [Annexure-I] was written by the learned Arbitrator, which shows that the copy of the award had been sent to all the concerned parties including the appellant Page 1 of 4 Uploaded by A. B. VAGHELA(HC01079) on Fri Aug 08 2025 Downloaded on : Sat Aug 09 00:11:32 IST 2025 NEUTRAL CITATION C/FA/1652/2023 ORDER DATED: 04/08/2025 undefined herein. A perusal of the letter dated 21.05.2010 [Annexure-I] at Page 234 of the paper-book indicates that duly signed copy of the order was enclosed alongwith the said letter by the learned Arbitrator and was sent at the address of the appellant herein. No plausible submission could be made by the learned advocate for the appellant to refute the said findings.
2. The submissions made in the appeal about delivery of copy of the award through the Police Station, Navsari vide letter dated 15.07.2017, is thus, rightly disbelieved by the Court under Section 34 of the Act. The application under Section 34 was filed after seven years of the declaration of the award and sending of the signed copy of the award by the learned Arbitrator vide letter dated 21.05.2010. All submissions made by the applicant before the Court under Section 34, turned down in the order impugned, are result of an afterthought .
3. We do not find any good ground to interfere in the order passed by the Court under Section 34 of the Act. The further submissions made by the learned advocate for the appellant Page 2 of 4 Uploaded by A. B. VAGHELA(HC01079) on Fri Aug 08 2025 Downloaded on : Sat Aug 09 00:11:32 IST 2025 NEUTRAL CITATION C/FA/1652/2023 ORDER DATED: 04/08/2025 undefined herein that the appointment of Arbitrator was not intimated to the appellant is found incorrect, from the bare reading of the award itself which indicates that the appellant was represented by one Shri H. P. Savalia. The arguments of the parties were heard on 23.04.2010 and directions were issued to file written statement within a period of 30 days. The learned Arbitrator also records the submissions made on behalf of the respondents namely the appellant herein while addressing on the merits of the claim of the claimant.
4. All submissions made by the learned advocate for the appellant based on the decisions of Apex Court in the cases of
(i) Union of India Vs. Tecco Trichy Engineers & Contractors, AIR 2005 SC 1832; (ii) State of Maharashtra & Ors. vs. M/s. Ark Builders Pvt. Ltd., AIR 2011 SC 1374; (iii) Sachin Gupta & Anr. Vs. K.S. Forge Metal Private Limited, (2013) 10 SCC 540 and (iv) Dakshin Haryana Bijli Vitran Nigam Ltd Vs. M/s. Navigant Technologies Pvt. Ltd., 2021 (7) SCC 657, are of no benefit for the facts and circumstances of the present case noted herein-above.
5. For the aforesaid, we do not find it fit case for Page 3 of 4 Uploaded by A. B. VAGHELA(HC01079) on Fri Aug 08 2025 Downloaded on : Sat Aug 09 00:11:32 IST 2025 NEUTRAL CITATION C/FA/1652/2023 ORDER DATED: 04/08/2025 undefined interference. The appeal stands dismissed, accordingly. No order as to costs.
(SUNITA AGARWAL, CJ ) (D.N.RAY,J) A. B. VAGHELA Page 4 of 4 Uploaded by A. B. VAGHELA(HC01079) on Fri Aug 08 2025 Downloaded on : Sat Aug 09 00:11:32 IST 2025