ASOK KUMAR GANGULY, GYAN SUDHA MISRA
M. P. Rural Road Development Authority – Appellant
Versus
L. G. Chaudhary Engineers – Respondent
JUDGMENT
Ganguly, J.
1. Leave granted.
2. The question which falls for consideration in this appeal is whether the provision of Madhya Pradesh Madhyasthan Adhikaran Adhiniyam, 1983 (hereinafter, ‘M.P. Act’) which statutorily provides for the parties to the Works Contract to refer all disputes to the Arbitration Tribunal constituted under Section 7 of the Act will continue to operate in view of the provisions of Arbitration and Conciliation Act, 1996 (hereinafter ‘A.C. Act 1996’) which is a Central Act, subsequently enacted.
3. The facts leading to the aforesaid controversy be noted first.
4. The appellant-Madhya Pradesh Rural Road Development Authority and Anr., impugning the judgment of the High Court dated 8.9.2010 in this appeal, entered into a ‘Works Contract’ with the respondent for construction and maintenance of Rural Road Package No.1958, District Jhabua.
5. Clause 24 of the Contract contains the ‘Dispute Redress Mechanism’ and Clause 24.1 of the same provides as under:
“24.1 If any dispute or difference of any kind what-so-ever shall arise in connection with or arising out of this Contract or the execution of work of maintenance of the Works thereunder, whether before its
Morelle Ld. vs. Wakeling & another [(1955) 2 QB 379
The Bengal Immunity Company Limited vs. The State of Bihar and others reported in 1955 (2) SCR 603
M. Karunanidhi vs. Union of India and another reported in (1979) 3 SCC 431
T. Barai vs. Henry Ah Hoe and another reported in AIR 1983 SC 150)
Municipal Corporation of Delhi vs. Gurnam Kaur reported in (1989) 1 SCC 101
State of U.P. and another vs. Synthetics and Chemicals Ltd. and another reported in (1991) 4 SCC 139
State of Madhya Pradesh and another vs. Anshuman Shukla - (2008) 7 SCC 487
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