(Adarsh Kumar Goel and Rohinton Fali Nariman, JJ.)
State of Madhya Pradesh and Anr. ___________________ Appellant(s)
v.
M/s. KETI Constrution ____________________________ Respondent
Civil Appeal No. (s) 4016 of 2018 [Arising out of SLP(C) No. 29624 of 2011], decided on April 18, 2018
The Order of the court was delivered by
Order
1. Delay condoned. Leave granted.
2. We have learned counsel for the parties and perused the record.
3. It is not disputed by learned counsel for the parties that 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 which has overruled the judgment of this Court in Va Tech Escher Wyass Flovel Ltd. v. MPSE Board, (2011) 13 SCC 261, the impugned order has to be set aside and the matter remanded to the High Court which may decide the dispute between the parties in the revision petition filed by the respondent in accordance with law. Ordered accordingly. Civil Revision NO. 509 of 2005 is restored to its original number.
4. The appeal is disposed of.
5. The parties may appear before the High Court for further proceedings on 9th July, 2018.
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