Case Note & Summary
The petitioner, Nirmal Build Infra Private Limited, filed a Special Civil Application under Article 226 of the Constitution before the Gujarat High Court seeking a direction to expedite the hearing of Arbitration Petition No. 38 of 2025 pending before the Arbitration Tribunal constituted under the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992. The contract in question was of the year 2022, and the arbitration petition was filed in 2025. The petitioner alleged that respondent No.2 was taking coercive steps against it pending the arbitration proceedings. The respondent State, through the Assistant Government Pleader, submitted that the arbitration petition was filed in 2025 and left it to the court to pass appropriate orders. The court noted that even arbitration petitions prior to 2025 were still pending before the Tribunal. Considering the submissions and the fact of pendency, the court directed the learned Arbitration Tribunal to decide the Arbitration Petition No. 38 of 2025 as expeditiously as possible and preferably within a period of one year from the date of receipt of the order. The petition was disposed of with no order as to costs.
Headnote
A) Arbitration - Expedited Hearing - Section 8(4) of Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992 - Petitioner sought direction to expedite hearing of Arbitration Petition No. 38 of 2025, alleging coercive steps by respondent No.2 - Court directed the Arbitration Tribunal to decide the petition as expeditiously as possible, preferably within one year from receipt of order - Held that considering pendency of prior petitions, a time-bound disposal is warranted (Paras 3-6).
Issue of Consideration
Whether the Arbitration Petition No. 38 of 2025 pending before the Arbitration Tribunal should be heard and decided expeditiously, given the coercive steps alleged by the petitioner.
Final Decision
The court directed the learned Arbitration Tribunal to decide Arbitration Petition No. 38 of 2025 as expeditiously as possible and preferably within a period of 1 year from the date of receipt of the order. The Special Civil Application was disposed of accordingly. Rule made absolute to the aforesaid extent. No order as to costs.
Law Points
- Expeditious disposal of arbitration petition
- Section 8(4) of Gujarat Public Works Contracts Disputes Arbitration Tribunal Act
- 1992
- Direction to decide within one year
