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2018 DIGILAW 666 (SC)

Madhya Pradesh Rural Road Development Authority v. Backbone Enterprises Limited

2018-04-18

ADARSH KUMAR GOEL, ROHINTON FALI NARIMAN

body2018
ORDER 1. Delay condoned. Leave granted. 2. In view of judgment of this Court in Va Tech Escher Wyass Flovel Ltd. v. MPSE Board & Another , (2011) 13 SCC 261 having been overruled and as the High Court has relied on Judgment in C.R. NO.353 of 2004, Mahesh Chandra Garg v. State of M.P. and Ors. decided on 23.2.2010 which was based on Va Tech , the impugned order is set aside and the matter is remanded to the M.P. Arbitration Tribunal so that the said Tribunal can deal with the matter on merits in accordance with law. 3. The appeals are disposed of. 4. The parties may appear before the Tribunal for further proceedings on 9th July, 2018. 5. The appellant may serve a copy of this order on the respondents. Delay condoned. Leave granted. In view of judgment of this Court in Va Tech Escher Wyass Flovel Ltd. v. MPSE Board & Another , (2011) 13 SCC 261 having been overruled, the jurisdiction to deal with the dispute in question is vested with the M.P. Arbitration Tribunal constituted under the M.P. Madhyastham Adhikaran Adhiniyam, 1983. The direction in the impugned order under Section 11 of the Arbitration and Conciliation Act, 1996 is set aside. The appeals are disposed of. The respondent will be at liberty to take their remedy before the statutory Tribunal in accordance with law. The parties may appear before the M.P. Arbitration Tribunal for further proceedings on 9th July, 2018. The appellant may serve a copy of this order on the respondents.