Authority: High Court of Gujarat at Ahmedabad

Order Date: 03/09/2026

Case Overview

  • Petition filed by A.K.PATEL AND CO (CONST) PVT LIMITED (petitioner) against State of Gujarat & another respondent, seeking a writ of mandamus to set aside the order dated 15/10/2024 passed by the Gujarat Public Works Contracts Disputes Arbitration Tribunal in Arbitration Reference No. 16 of 2011 and to direct a fresh merits hearing.
  • The petitioner relied on a Notification dated 16‑12‑2024 issued by the Gujarat Legal Department, which declared that Panchayats (as defined under Gujarat Panchayat Act, 1993) are to be treated as “public undertaking” for purposes of the Gujarat Public Works Contracts Disputes Arbitration Tribunal Act, 1992.
  • Respondent counsel could not dispute the submission that the notification makes the matter fall within the jurisdiction of the Arbitration Tribunal.
  • The petition also requested any other appropriate relief.

Final Outcome

  • The Court, after hearing counsel, quashed and set aside the Arbitration Tribunal’s order dated 15‑10‑2024.
  • Arbitration Reference No. 16 of 2011 was restored to its original file and remanded to the Tribunal for fresh consideration on merits in accordance with law.
  • The petition was disposed of and the notice was discharged.

Topics: Arbitration, Public Works Contracts, Judicial Review