(Adarsh Kumar Goel and Rohinton Fali Nariman, JJ.)
Civil Appeal No. (s). 4257 of 2018
[Arising out of SLP(C) No. 10697 of 2018 @ Diary No. 6013 of 2018]
State of Chhattisgarh and Anr. _____________________ Appellant(s)
v.
M/s. KMC Construction Limited ___________________ Respondent
And
Civil Appeal No. (s). 4258 of 2018
[Arising out of SLP(C) No. 10703 of 2018 @ Diary No. 6135 of 2018]
State of Chhattisgarh and Anr. ____________________ Appellant(s)
v.
M/s. KMC Construction Limited __________________ Respondent
And
Civil Appeal No. (s). 4259 of 2018
[Arising out of SLP(C) No. 10706. of 2018 @ Diary No. 6138 of 2018]
State of Chhattisgarh and Anr. _______________________ Appellant(s)
v.
M/s. KMC Construction Limited ______________________ Respondent
Civil Appeal No. (s). 4257 of 2018 [Arising out of SLP(C) No. 10697 of 2018 @ Diary No. 6013 of 2018]; Civil Appeal No. (s). 4258 of 2018 [Arising out of SLP(C) No. 10703 of 2018 @ Diary No. 6135 of 2018]; and Civil Appeal No. (s). 4259 of 2018 [Arising out of SLP(C) No. 10706. of 2018 @ Diary No. 6138 of 2018], decided on April 18, 2018
The Order of the court was delivered by
Order
1. Delay condoned. Leave granted.
2. We have heard learned counsel for the parties and perused the record.
3. In view of judgment of this Court in Madhya Pradesh Rural Road Development Authority v. L.G. Chaudhary Engineers and Contractors, (2012) 3 SCC 495 and the order passed by this Court on 8th March, 2018 in the same matter, the M.P. Arbitration Tribunal constituted under the M.P. Madhyastham Adhikaran Adhiniyam, 1983, (M.P. Act) has the exclusive jurisdiction to deal with the dispute in question. Accordingly, the impugned direction under Section 11 of the Arbitration and Conciliation Act, 1996 cannot be sustained and is set aside.
4. The parties are relegated to M.P. Arbitration Tribunal which may decide the dispute as per provisions of M.P. Madhyastham Adhikaran Adhiniyam, 1983 (M.P. Act).
5. The appeals are disposed of.
6. The parties may appear before the Tribunal for further proceedings on 9th July, 2018.
7. It will be open to the respondents to file the very same claim which has already been filed before the Arbitrator.
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