STATE OF MADHYA PRADESH & ANR. v. ASHOKA INFRAWAYS LTD. & ANR.
Case Details & Bench
- Court
- High Court
- Hon'ble Judges
- Adarsh Kumar Goel
- R. F. Nariman
- Judgment Date
- 2018-04-18
- Court Decision / Holding
- Leave granted. The impugned order is set aside; the appeal is allowed. It is held that if any arbitration proceedings are pending, they will be governed by the Viva Highways Ltd. v. Madhya Pradesh Road Development Corporation (2017) 2 MPLJ 681. The appeal is disposed of.
- Final Disposition
- Appeal disposed of; impugned order set aside; appeal allowed; pending arbitration proceedings to be governed by Viva Highways judgment.
Parties to the Case
Appellants / Petitioners
- State of Madhya Pradesh
- Anr.
Respondents
- Ashoka Infraways Ltd.
- Anr.
Legal Representation & Advocates
Counsels for Petitioners
- • Saurabh Mishra
- • Jugal Kishore Gilda
- • Purushaindra Kumar
- • 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
- • M. R. Shamshad
- • Aditya Samaddar
- • B. S. Banthia
- • Ms. Swarupama Chaturvedi
- • Saurabh S. Sinha
- • Aditya Dev Triguna
- • Sunil Singh Parihar
- • Prafulla Kumar Behera
- • Manish K. Bhardwaj
- • S. S. Nehra
- • Ms. Anuradha Mishra
- • Ms. Vanshaja Shukla
- • Varun Mohan
- • Swastik
Counsels for Respondents
- • Chavu Ambwani
- • M/S AP & J Chambers
Case Synopsis & Summary
This Civil Appeal challenges an arbitral order under the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983, focusing on the arbitration tribunal’s jurisdiction and the correct application of precedent. The Supreme Court notes that the judgment relied upon in the impugned order has since been overruled by a larger bench of the Madhya Pradesh High Court in Viva Highways Ltd. v. Madhya Pradesh Road Development Corporation (2017) 2 MPLJ 681. Consequently, the impugned order is set aside and the appeal is allowed. The court holds that, where arbitration proceedings are pending, they must be governed by the Viva Highways ruling, which supersedes the prior authority cited. The appeal proceeds on the basis that the earlier decision cannot stand as a binding precedent for the scope of arbitration jurisdiction under the 1983 Act. The order further clarifies that leave to appeal was granted, and the matter is disposed of. The judgment, delivered by Justices Adarsh Kumar Goel and R. F. Nariman, emphasizes the primacy of the post-2017 High Court principle in determining arbitral jurisdiction in Madhya Pradesh and ensures that subsequent arbitration proceedings follow Viva Highways. The decision effectively streamlines the remedy for MP Act disputes by aligning with the newer High Court interpretation.
Provisions of Law Cited
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Viva Highways Ltd. v. Madhya Pradesh Road Development Corporation | 2017 (2) MPLJ 681 | Positive | The Viva Highways decision is approved by the Court and is used to overrule the impugned order’s reliance on an earlier judgment; the appeal is allowed in light of Viva Highways. |
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