Garden Reach Shipbuilders & Engineers Limited Vs Marine Craft Engineers Private Limited (Calcutta High Court)
Calcutta High Court held that application u/s. 34 of the Arbitration and Conciliation Act, 1996 decided by Court exercising ordinary original civil jurisdiction and not a Commercial Court inasmuch as the dispute between the parties is a commercial dispute is without jurisdiction.
Facts- The appellant had floated a tender for repair of Wet Basin Flat Gate at main yard on turnkey basis. The respondent participated in the tender process and emerged successful. Thereafter a letter of intent was issued by the appellant in favour of the respondent. The said letter of intent was followed by a purchase order indicating the works to be done by the respondent.
The respondent completed the work in terms of the work order but the payments due to the respondent upon completion of the work were not made by the appellant. Feeling aggrieved by the delinquency in contractual payment on the part of the appellant, the respondent approached this Court in its writ jurisdiction under Article 226 of the Constitution of India by filing a writ petition. During pendency of the writ petition, the respondent also approached the West Bengal State Micro and Small Enterprise Facilitation Council u/s. 18 of the Micro, Small and Medium Enterprises Development Act, 2006.
