Madhya Pradesh Rural Road Development Authority and Anr. vs Backbone Enterprises Limited and Anr.

Court

Supreme Court of India

Date

18 April 2018

Case No.

Civil Appeal No. 4011 of 2018

Result

Disposed

Bench

Adarsh Kumar Goel, R.F. Nariman

Citation

[2018] 4 S.C.R. 268 : 2018 INSC 360

Headnote

Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983:

Arbitration proceedings – Jurisdiction of Arbitration Tribunal – Held: *Va Tech case on which the impugned order had relied on, had since been overruled, the impugned order is set aside – Matter is remanded to Arbitration Tribunal to decide the case on merit. *Va Tech Escher Wyass Flovel Ltd. v. MPSE Board & Another (2011) 13 SCC 261 – Stood overruled.

The following Order of the Court was passed: 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 (supra), 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 dispo

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