Madhya Pradesh Rural Road Development Authority and Anr. v Backbone Enterprises Limited and Anr.
Case Details & Bench
- Court
- High Court
- Hon'ble Judges
- Adarsh Kumar Goel
- R. F. Nariman
- Judgment Date
- 2018-04-18
- Court Decision / Holding
- 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 before the statutory Tribunal in accordance with law. 5. The parties may appear before the M.P. Arbitration Tribunal for further proceedings on 9 July 2018. 6. The appellant may serve a copy of this order on the respondents.
- Final Disposition
- Appeals disposed of.
Parties to the Case
Appellants / Petitioners
- Madhya Pradesh Rural Road Development Authority
- Anr.
Respondents
- Backbone Enterprises Limited
- Anr.
Case Synopsis & Summary
The Supreme Court hears Civil Appeal No. 4012 of 2018 filed by the Madhya Pradesh Rural Road Development Authority and another challenging an order under Section 11 of the Arbitration and Conciliation Act, 1996, issued in Arbitration Case No. 7 of 2011 by the Madhya Pradesh High Court. The appeal, heard by Justice Adarsh Kumar Goel and Justice R. F. Nariman, addresses the arbitration regime created by the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 and the scope of the Arbitration Tribunal’s jurisdiction. The Court notes that the Va Tech Escher Wyass Flovel Ltd. v. MPSE Board & Another (2011) 13 SCC 261 had been overruled, thereby affecting the jurisdictional question. The issue is whether the dispute must be resolved by the MP Arbitration Tribunal or can be entertained under the 1996 Act by the arbitrator appointed under Section 11. The Court condones the delay and grants leave to appeal, and then holds that, in light of the overruled Va Tech decision, the MP Arbitration Tribunal has jurisdiction. The impugned Section 11 order is set aside; the appeals are disposed of; and the respondent is free to pursue remedies before the statutory tribunal in accordance with law. The parties are directed to appear before the MP Arbitration Tribunal on 9 July 2018 for further proceedings. The appellant is to serve copies of this order on the respondents.
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
,null
Contentions of Respondents
,null
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Va Tech Escher Wyass Flovel Ltd. v. MPSE Board & Another | (2011) 13 SCC 261 | Overruled | The judgment notes that the Va Tech Escher Wyass Flovel decision had been overruled by subsequent rulings and thus its authority for jurisdiction is nullified. |
Diagnostic Tool
Does this judgment govern your specific facts?
Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against Madhya Pradesh Rural Road Development Authority and Anr. v Backbone Enterprises Limited and Anr. and instantly map out authorities that support, challenge, or govern your position.
Extracted Judgment Text
Exact text extracted from official judgment records.