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Supreme Court Of India

(From: Gujarat)

Hon'ble Judge(s): Deepak Gupta, Aniruddha Bose , JJ

(A) Gujarat Public Works Contracts Disputes Arbitration Tribunal Act (4 of 1992) , S.3, S.13— Arbitration and Conciliation Act (26 of 1996) , S.9, S.17— Interim order - Bar of jurisdiction - Work contract between contractor and State - Gujarat Act was enacted to compulsorily refer all disputes arising out of 'works contract' to Arbitration Tribunal - Appropriate remedy for contractor was to approach Arbitral Tribunal and not High Court - Interim order passed by High Court, set aside. AIR 2016 SC 2199, Held Per Incuriam. (Para 18) (B) Gujarat Public Works Contracts Disputes Arbitration Tribunal Act (4 of 1992) , S.3, S.13— Arbitration and Conciliation Act (26 of 1996) , S.9, S.17— Interim order - Bar of jurisdiction - In absence of inconsistency in Act of 1992 and of 1996 regarding grant of interim relief - Powers to pass Interim order can be exercised by Tribunal - Since S. 17 of Act of 1996 complimenting these powers of Tribunal - Cannot be said to be inconsistent with Gujarat Act 1992. (Para 21) .....