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Supreme Court of India

STATE OF CHHATTISGARH AND ANR. versus M/S. KMC CONSTRUCTION LIMITED

Decided
18 April 2018
Judges listed
ADARSH KUMAR GOEL, R.F. NARIMAN (as the open data lists them; this may not name the whole bench)
Disposal
Disposed off

Citations

Official
[2018] 4 S.C.R. 270 ยท 2018 INSC 360
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The Court's text

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1

Delay condoned. Leave granted.

p. 271, margin C

2

We have heard learned counsel for the parties and perused the record.

p. 271, margin C

3

In view of judgment of this Court in Madhya Pradesh Rural Road Development Authority and Anr. 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.

p. 271, margin D

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).

p. 271, margin E

5

The appeals are disposed of.

p. 271, margin F

6

The parties may appear before the Tribunal for further proceedings on 9th July, 2018.

p. 271, margin F

7

It will be open to the respondents to file the very same claim which has already been filed before the Arbitrator.

p. 271, margin G