Ranjit Buildcon Limited vs State Of Gujarat on 9 September, 2022
Insofar as the judgment of the Coordinate Bench of
this Court in the matter of Ocean Diving Centre Pvt. Ltd.
(supra) relied upon when perused, it will not detain this
Court for too long to brush aside the contention raised by
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C/IAAP/15/2020 ORDER DATED: 09/09/2022
Mr. Patel, learned senior counsel, inasmuch as
Coordinate Bench itself has noticed in the case of Arun
Construction Company vs. GSCC Ltd., the issue involved
therein was relating to the work of "providing gates for
the channel from the dam for controlling water to the
power plant of the Corporation", and plea put forward by
the respondent therein, namely, Gujarat Electricity Board
to raise a similar plea as is now raised by Mr. Patel was
negatived on the ground that the said principles
enunciated in Arun Construction Company would not be
applicable inasmuch as in the matter of Ocean Diving
Centre, the work entrusted was only "desilting and
cleaning of the channel" and it did not include or take
within its sweep either construction or any part of
construction within the activity of silting and desilting or
cleaning of the channel. In that view of the matter, I am
of the considered view that judgment relied upon by the
learned senior counsel appearing for the petitioner would
be inapplicable to the facts of the present case.