(Adarsh Kumar Goel and Rohinton Fali Nariman, JJ.)
Civil Appeal No. (s). 4012 of 2018
[Arising out of SLP (C) No. 26350 of 2011]
Madhya Pradesh Rural Road Development Authority and Anr. _______________________________________________ Appellant(s)
v.
Backbone Enterprises Limited and Anr. ______________ Respondent(s)
With
Civil Appeal No. (s). 4013 of 2018
[Arising out of SLP(C) No. 29622 of 2011]
Madhya Pradesh Rural Road Development Authority and Anr. ________________________________________________ Appellant(s)
v.
M/s. Makhija Construction Co. _______________________ Respondent
And
Civil Appeal No. (S). 4014 of 2018
[Arising out of SLP (C) No. 26605 of 2011]
Madhya Pradesh Rural Road Development Authority and Anr. _______________________________________________ Appellant(s)
v.
Backbone Enterprises Limited and Anr. ______________ Respondent(s)
Civil Appeal No. (s). 4012 of 2018 [Arising out of SLP (C) No. 26350 of 2011]; Civil Appeal No. (s). 4013 of 2018 [Arising out of SLP(C) No. 29622 of 2011]; and Civil Appeal No. (S). 4014 of 2018 [Arising out of SLP (C) No. 26605 of 2011], decided on April 18, 2018
The Order of the court was delivered by
Order
1. Delay condoned. Leave granted.
2. In view of judgment of this Court in Va Tech Escher Wyass Flovel Ltd. v. MPSE Board, (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 9th July, 2018.
6. The appellant may serve a copy of this order on the respondents.
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