ORDER 1. Leave granted. Heard learned counsel for the parties. 2. It is not disputed that the judgment relied upon in the impugned order has since been overruled by a larger bench of the High Court in Viva Highways Ltd. v. Madhya Pradesh Road Development Corporation reported in 2017 (2) MPLJ 681 . Accordingly, the impugned order is set aside and the appeal is allowed. 3. It is made clear that if any arbitration proceedings are pending, the same will now be governed by the above judgment of the High Court. 4. The appeal is disposed of.