Puri Constructions Pvt. Ltd. vs State of Madhya Pradesh & Ors.

Court

Supreme Court of India

Date

18 April 2018

Case No.

Civil Appeal No. 4261 of 2018

Bench

Adarsh Kumar Goel, R.F. Nariman

Citation

[2018] 4 S.C.R. 257 : 2018 INSC 360

Headnote

Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983: Jurisdiction of Arbitration Tribunal – Award passed by Arbitrator appointed by Delhi High Court – Execution of award allowed – Appeal against the execution order pending before Delhi High Court as the same had been deferred by High Court pending decision of Supreme Court by Larger Bench in *L.G. Chaudhary case – Held: In terms of decision by Larger Bench of Supreme Court, the decision of the dispute between the parties has to be settled in accordance with the 1983 Act – In view of the fact that award was passed long back and matter is pending for execution, it is directed that award would be treated to have been passed under 1983 Act – The pending proceedings before Delhi High Court transferred to Madhya Pradesh High Court to be treated as Revision Petition under 1983 Act – The other pending proceedings shall be transferred to Arbitration tribunal constituted under 1983 Act – Appeals disposed of.

Madhya Pradesh Rural Road Development Authority and Anr. v. L.G. Chaudhary Engineers and Contractors (2012) 2 SCC 495 : [2012] 2 SCR 162 – referred to.

The following Order of the Court was passed: ORDER 1. Delay condoned. Leave granted. 2. We have heard learned counsel for the parties and perused the record. 3. An agreement was executed between the parties on 11th May, 1984 for construction of Assembly building in the State of Madhya Pradesh. Dispute arose from the agreement. The High Court of Delhi appointed an arbitrator vide order dated 13th December, 1988. The Arbitrator gave the award on 21st June, 1989 which was made Rule of the Court by Delhi High Court on 28th September, 1989. Execution proceedings were taken by the appellant. Lea

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