Wat-Ere-Source Technologies Pvt Ltd Through Its Managing Director Pune v. The Chief Engineer Water Resource Department Government Of Maharashtra Aurangabad And Others

IN THE HIGH COURT OF JUDICATURE

AT BOMBAY BENCH AT AURANGABAD.

WRIT PETITION NO.6092 OF 2017 Watere source Technologies Pvt.Ltd., ... Petitioner.

Versus

The Chief Engineer (WR) Water Resources Department, Government of Maharashtra and others.

... Respondents.

...

WITH WRIT PETITION NO.6093 OF 2017 WRIT PETITION NO.6094 OF 2017 ...

Mr.S.D.Patil, advocate for the petitioner.

Mrs.A.V.Gondhalekar, Additional Government Pleader for the State.

Mr.B.R.Surwase, advocate for Respondent No.2. Mr.Amit A.Yadkikar, advocate for Respondent No.6. CORAM : S.V.GANGAPURWALA AND A.M. DHAVALE,JJ.

Date : 26.03.2018.

PER COURT :

1.

Mr.Surwase, learned counsel for Respondent upon instructions of Deputy Engineer Mr.A.V.Purohit, who is present in the Court makes

a statement that within six weeks, he will constitute the Committee as per clause 7 of the General Conditions of contract.

2.

The compensation as claimed would not be within the realm of writ jurisdiction of this Court as there is a dispute amongst the parties with regard to the claim. This Court also can not exercise jurisdiction U/s 11 of the Arbitration and Conciliation Act, 1996. If there is Arbitration clause then the petitioner has to move the Hon'ble the Chief Justice designatee. The statement made by the Respondent regarding appointment of Committee within six (6) weeks is accepted.

3.

With these observations, the Writ Petitions stand disposed of. No costs.

(A.M.DHAVALE,J.) (S.V.GANGAPURWALA,J.) asp/office/wp6092.17