Supreme Court of India
Mahanadi Coalfields Ltd v. M/s Gsco (gurmeet Singh and Company) Infrastructure Pvt. Ltd.
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What the Court ordered
In view of the above, the appeal is allowed and the impugned order of the High Court dated 20.06.2025 holding that the petition filed by the Appellants, under Section 34 of the Act before the Court of the District Judge, Sundargarh, was not maintainable for want of jurisdiction and also being time barred is not sustainable and is accordingly set aside.
Judgment, page 12
In brief
Mahanadi Coalfields floated a 2012 tender for hiring of HEMM at its Kulda Open Cast Project in Sundargarh district; GSCO was the successful bidder and the contract executed between them contained no arbitration clause, though Clause 12 of the general conditions and Clause 40 of the e-tender notice subjected disputes to the District Court/High Court where the work was executed. Work was certified complete in June 2016, disputes arose over claims, and on GSCO's writ petitions the Orissa High Court by a common order dated 25.03.2019 referred the parties to a sole arbitrator under Section 11(6); that order specified neither seat nor venue, and the arbitrator in fact held sittings at Cuttack for his own convenience.…
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