M/S Silver Touch Technologies Limited vs Inspector General Of Registration on 21 April, 2023

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Gujarat High Court

M/S Silver Touch Technologies Limited vs Inspector General Of Registration on 21 April, 2023

Bench: A.J.Desai

    C/ARBI.P/15/2023                           ORDER DATED: 21/04/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/PETN. UNDER ARBITRATION ACT NO. 15 of 2023
==========================================================
               M/S SILVER TOUCH TECHNOLOGIES LIMITED
                                 Versus
                 INSPECTOR GENERAL OF REGISTRATION
==========================================================
Appearance:
MR NANDISH CHUDGAR with MR SHRINIL A SHAH(11760) for the
Petitioner(s) No. 1
MS SHRUTI PATHAK, ASSTT. GOVERNMENT PLEADER for the
Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE
           A.J.DESAI
                           Date : 21/04/2023
                            ORAL ORDER

RULE. Learned Assistant Government Pleader waives service of notice of Rule on behalf of the respondent.

By way of present petition under Section 11 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "Arbitration Act"), the petitioner has prayed to appoint Former Principal District Judge as sole Arbitrator to adjudicate the dispute that has arisen between the parties.

It is the case of the petitioner that as per Clause 17 of the Tender Document, the parties had agreed that if the dispute arises between the parties, it should be resolved at the level of Inspector General of Registration, Gandhinagar, Gujarat in consultation with Gujarat Informatics Limited. When the dispute arose between the parties, the petitioner made a request to the respondent on 01.09.2021 to resolve the dispute as per Clause 17 of the Tender Document however, there is no response to the same.

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C/ARBI.P/15/2023 ORDER DATED: 21/04/2023 Today, when the matter is called out, learned Assistant Government Pleader Ms. Pathak, under the instructions from the respondent, states that the respondent has no objection if as per Clause 17 of the Tender Document, the matter is placed before the Gujarat Informatics Limited.

I have heard learned advocates appearing for the respective parties. Clause 17 of the Tender Document reads as under:

"17. Resolution of Disputes The matter regarding any dispute shall first be sorted out at the level of Inspector General of Registration, Gandhinagar, Gujarat in consultation with GIL. If the dispute persists to remain unresolved then it will be entertained, heard and finalized as per the provisions of the Arbitration and Conciliation Act, 1996. "

Considering the above Clause 17 of the Tender Document and statement made by the parties, following order is passed.

The dispute between the parties is referred to the Gujarat Informatics Limited for resolution of the dispute. It is expected that the Gujarat Informatics Limited shall resolve the dispute as early as possible preferably within a period of three months thereafter.

With above order, present petition is disposed of. Rule accordingly.

(A.J. DESAI, ACJ) Ajay Page 2 of 2 Downloaded on : Mon Apr 24 20:46:56 IST 2023

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