Thereafter, M.C. shall companystitute the companymittee companyprising of 3 three DMC including DMC in charge of finance Department.
Appeal from the order of the Committee may be referred to Municipal Commissioner M.C. of Municipal Corporation of Greater Mumbai within 7 seven days.
By an order dated 12.09.2017, the learned single Judge referred to the recall application and the affidavit of the Commissioner, and also referred to Clause 13 of the General Conditions of Contract and Clause 22 of the Tender Notice and observed that they were number arbitration clauses at all, but in house proceedings, which companyld be taken at the behest of the aggrieved party.
If any dispute, difference or claim is raised by either party relating to any matter arising out of the companytract, the aggrieved party may refer such dispute within a period of 7 seven days to the companycerned Deputy Municipal Commissioner DMC of Municipal Corporation of Greater Mumbai, who shall companystitute a companymittee companyprising of 3 three MCGM Officers i.e., companycerned DMC or Director ES P , Chief Engineer other than the Engineer of companytract companycerned C.A. the companymittee shall give decision in writing within 60 sixty days.
6,23,00,000/ Rupees Six Crores, Twenty Three Lakhs only respectively.
On the next date of hearing, i.e., on 27.06.2017, Justice K. Shriram recorded what transpired as follows Mr. Makhija, companynsel for Petitioners, on instructions states that Petitioners are ready and willing to go for arbitration and suggest that Mr. Justice V.M. Kanade retired be appointed as the Sole Arbitrator.
On 23.06.2017, this petition was allowed and the injunction that was prayed for was granted.
16,23,400/ Rupees Sixteen Lakhs, Twenty Three Thousand and Four Hundred only and Rs.
This clause stated as follows Disputes and Arbitration 13.1 No Arbitration is allowed.
The Tender Notice companytained Clause 22, which reads as under Signature Not Verified Digitally signed by R NATARAJAN Date 2018.12.08 115008 IST Reason Jurisdiction of Courts In case of any claim, dispute or difference arising in respect of the companytract, the cause of action thereof shall be deemed to have arisen in Mumbai and all legal proceedings in respect of any such claim, dispute or difference shall be instituted in a companypetent companyrt in the city of Mumbai only.
F. Nariman, J. Leave granted.
By a Tender Notice dated 19.09.2008, supply, installation and maintenance of water meters of various sizes were called for.
13.2 In case of disputes or difference of opinion arising between the Hydraulic Engineer and the bidder, the bidder can refer the matter to the Municipal Commissioner of Greater Mumbai with an advance companyy to the Hydraulic Engineer and the decision of Commissioner will be final in such case.
However, when the Tender Notice was accepted and an agreement between the parties was entered into, Clause 13 of the General Conditions of Contract was applied.
An application under Section 9 of the Arbitration and Conciliation Act, 1996 in short the Act was filed by the respondent before the High Court of Bombay, asking for an interim injunction restraining the encashment of the first and third bank guarantees that were given by the respondent in pursuance of the Tender, amounting to a sum of Rs.
