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2014 DIGILAW 399 (MP)

Sacheti Construction Co. Waraseoni v. Chief Executive Officer

2014-04-07

RAJENDRA MENON, SUBHASH KAKADE

body2014
Judgment: Having heard learned counsel for the parties, it is seen that the dispute pertains to execution of certain work granted by the MP Rural Road Development Agency and with regard to six packages awarded to the petitioner dispute has arisen. 2. As far as two packages – MP-0161 and 0162 are concerned, it seems that in pursuance to certain order passed by this Court in Writ Petition No. 17371/2013, the claim of the petitioner was considered by the respondent/Corporation and vide Annexure P/10, which is available at page 67, the claim has been rejected. The order – Annexure P/10 is passed under section 24 of the Contract agreement, and now the petitioner has to take recourse to the remedy of arbitration available under the scheme. 3. However, with regard to the remaining four packages namely – Package No. MP-133, MP-186, MTN-016 & MP-2356, the application filed under section 24 of the agreement is yet to be decided. That being so, with regard to these four packages, it is directed that on the petitioner’s filing a certified copy of this order, the competent authority shall decide the application under section 24 within a period of 45 days, from the date of its presentation. 4. While the deciding the application – Annexure P/7, it shall be taken note of as to whether the petitioner is a Company registered under the Companies Act or is a Partnership Firm or is a Proprietary concern and taking note of the same, orders with regard to fore-closure shall be passed in the matter. 5. With the aforesaid, the petition stands disposed of. CC as per rules.