State of Madhya Pradesh & Anr. vs Ashoka Infraways Ltd. & Anr.

Court

Supreme Court of India

Date

18 April 2018

Case No.

Civil Appeal No. 4018 of 2018

Result

Disposed

Bench

Adarsh Kumar Goel, R.F. Nariman

Citation

[2018] 4 S.C.R. 263 : 2018 INSC 360

Headnote

Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983: Jurisdiction of Arbitration Tribunal – Held: Judgment relied upon in the impugned judgment is overruled by larger Bench of High Court – Hence, impugned order set aside – Appeal allowed.

Viva Highways Ltd. vs. Madhya Pradesh Road

Development Corporation 2017 (2) MPLJ 681 –

approved.

The following Order of the Court was passed: 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. vs. 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. Kalpana

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