Gujarat High Court
Classic Network Private Limited vs State Of Gujarat & on 30 October, 2015
Author: Akil Kureshi
Bench: Akil Kureshi, Mohinder Pal
C/SCA/18309/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 18309 of 2015
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CLASSIC NETWORK PRIVATE LIMITED....Petitioner(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR KG SUKHWANI, ADVOCATE for the Petitioner(s) No. 1
ADVANCE COPY SERVED TO GP/PP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MR.JUSTICE MOHINDER PAL
Date : 30/10/2015
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI) Case of the petitioner is that it had executed the contract for strengthening the section of BagodaraLimbdi highway which work was completed way back in August 2008. Defect liability period was also over three years later. Four more years passed before the authority raised a demand of Rs.88.66 lacs (rounded off) for repairing the road which according to the petitioner was damaged due to heavy continues rain during the monsoon season and is being recovered from the deposits of other on going contracts of the petitioner. The petitioner has already approached Gujarat Public Works Contracts Disputes Arbitration Tribunal. Counsel for the petitioner submitted that the Tribunal does not have power to grant injunction.
Page 1 of 2HC-NIC Page 1 of 2 Created On Tue Nov 03 01:54:28 IST 2015 C/SCA/18309/2015 ORDER Notice returnable on 27.11.2015.
There shall be no coercive recovery against the demand in question.
Direct service is permitted.
(AKIL KURESHI, J.) (MOHINDER PAL, J.) raghu Page 2 of 2 HC-NIC Page 2 of 2 Created On Tue Nov 03 01:54:28 IST 2015