(A.K. Sikri and R.K. Agrawal, JJ.)
Virendra Sharma ___________________________________ Appellant;
v.
State of Madhya Pradesh and Others _______________ Respondent(s).
Civil Appeal No. 5169 of 2016 [Arising out of SLP (C) No. 12491 of 2016], decided on May 13, 2016
The Order of the court was delivered by
Order
1. Leave granted.
2. Admitted facts are that the appellant was awarded a contract by the respondents. The contract was terminated on the ground that the appellant could not complete the work within the stipulated period. The Superintendent Engineer also arrived at a conclusion that because of the alleged breach of contract by the appellant, Department had suffered loss and the amount of such loss be returned. The appellant did not agree with the same and as per the procedure prescribed in the contract, invoked arbitration.
3. Admittedly, the matter is before the Arbitrator and no adjudication has taken place. It has yet to determine as to whether the decision of the Superintendent Engineer that the Department has suffered the loss, is correct or not.
4. In these circumstances, inasmuch as the amount becomes due and payable only after adjudication, we are of the view that the recovery of the said amount cannot be made invoking the procedure of Land Revenue Act. The recovery orders are, accordingly, set aside. It would, however, be open to the Department to take further steps only after the Award is rendered by the Arbitrator depending upon the outcome thereof.
5. The appeal stands disposed of.
Petition(s) for Special Leave to Appeal (C) No. 12491/2016
Virendra Sharma ____________________________________ Appellant
v.
State of Madhya Pradesh and Others _________________ Respondent(s)
(With appln. (s) for exemption from filing O.T.)
Date: 13/05/2016 This petition was called on for hearing today.
(Before A.K. Sikri and R.K. Agrawal, JJ.)
For Petitioner(s) Ms. Pragati Neekhra, Adv.
For Respondent(s)
Mr. C. D. Singh, Adv.
Ms. Sakshi Kakkar, Adv.
UPON hearing the counsel the Court made the following
ORDER
6. Leave granted.
7. The appeal stands disposed of in terms of the signed order.
8. In view thereof, pending application also stands disposed of.
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