Madhya Pradesh Rural Road Developmentauthority and Anr. vs Backbone Enterprises Limited and Anr.

Court

Supreme Court of India

Date

18 April 2018

Case No.

Civil Appeal No. 4012 of 2018

Bench

Adarsh Kumar Goel, R.F. Nariman

Citation

[2018] 4 S.C.R. 255 : 2018 INSC 360

Headnote

Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983: Jurisdiction of Arbitration Tribunal – Held: Since the *Va Tech case had been overruled, jurisdiction to deal with the dispute is vested with the Arbitration Tribunal constituted under the Act – Impugned order is set aside.

*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, 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. 3. The appeals are disposed of. 4. The respondent will be at liberty to take their remedy bef

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