(Adarsh Kumar Goel and Rohinton Fali Nariman, JJ.)
Civil Appeal No.(s). 4011 of 2018
[Arising out of SLP(C) No. 31682 of 2011]
Madhya Pradesh Rural Road Development Authority and Anr. ________________________________________________ Appellant(s)
v.
Backbone Enterprises Limited and Anr. ______________ Respondent(s)
And
Civil Appeal No.(s). 4015 of 2018 [Arising out of SLP(C) No. 31684 of 2011]
Madhya Pradesh Rural Road Development Authority and Anr. _______________________________________________ Appellant(s)
v.
Backbone Enterprises Limited and Anr. _____________ Respondent(s)
Civil Appeal No.(s). 4011 of 2018 [Arising out of SLP(C) No. 31682 of 2011] and Civil Appeal No.(s). 4015 of 2018 [Arising out of SLP(C) No. 31684 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 and as the High Court has relied on Judgment in C.R. NO. 353 of 2004, Mahesh Chandra Garg v. State of M.P. 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.
3. The appeals are disposed of.
4. The parties may appear before the Tribunal for further proceedings on 9th July, 2018.
5. The appellant may serve a copy of this order on the respondents.
