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

Judgment

CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4011 of 2018. From the Judgment and Order dated 29.11.2010 of the High Court of Madhya Pradesh at Indore in W. P. No. 7105 of 2010. WITH Civil Appeal No. 4015 of 2018. Saurabh Mishra, AAG., Jugal Kishore Gilda, Purushaindra Kumar, Advs. Gen., Naman Nagrath, Neeraj Kishan Kaul, Parag Triathi, Ms. Kiran Suri, Sr. Advs., Harsh Parashar, Jubin Prasad, Aman Pandey, Jasdeep S. Dhillon, Prabhat K. Chaurasia, Ms. Renuka Sahu, Jay Savla, Amar Varun, Shantanu Krishna, Ms. Anusuya Salwan, Dhurav Mishra, Divyanshu Kumar Srivastav, Akash Lamba, Viren Sibal, Vivekananda B., Vikas Sood, Apporv Kurup, Ms. Isha Mital, Dr. Harsh Pathak, Ms. Shweta Mahajan, Mohit Chaubey, Siddharth Shukla, Neeraj Shekhar, Arjun Garg, Mishra Saurabh, Sridhar Potaraju, Sudhir Mishra, Prabhat Kumar, Ms. Petal Chandok, Ms. Ankita Sharma, Rishabh, [2018] 4 S.C.R. 268 M. R. Shamshad, Aditya Samaddar, B. S. Banthia, Ms. Swarupama Chaturvedi, Saurabh S. Sinha, Aditya Dev Triguna, Sunil Singh Parihar, M/S. AP & J Chambers, Prafulla Kumar Behera, Manish K. Bhardwaj, S. S. Nehra, Ms.

Anuradha Mishra, Ms. Vanshaja Shukla, Varun Mohan, Swastik Singh, Manish Yadav, Ms. Swarupama Chaturvedi, B.N. Dubey, Ms. Devika Gulati, Hitendra Nath Rath, Mayank Kshirsagar, Pavesh Joshi, Chavu Ambwani (For M/S. AP & J Chambers), B. K. Satija, Sumit Attri, K. Krishna Kumar, Hitendra Nath Rath, Nilava Bandyopadhayay, Rahul Pandey, Advs. or the appearing parties. The following Order of the Court was passed: O R D E R

1Delay condoned. Leave granted.

2In 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.

3The appeals are disposed of.

4The parties may appear before the Tribunal for further proceedings on 9th July, 2018.

5The appellant may serve a copy of this order on the respondents. Kalpana K. Tripathy Appeals disposed of. MADHYA PRADESH RURAL ROAD DEVELOPMENT AUTHORITY v. BACKBONE ENTERPRISES LIMITED