The M.P. Arbitration Tribunal has exclusive jurisdiction to deal with the dispute under the M.P. Madhyastham Adhikaran Adhiniyam, 1983, as established by previous judgments and orders.

Headnote:
Jurisdiction - Arbitration - Exclusive Jurisdiction of M.P. Arbitration Tribunal
Fact of the Case:

The court considered the jurisdiction of the M.P. Arbitration Tribunal under the M.P. Madhyastham Adhikaran Adhiniyam, 1983, in light of previous judgments and orders.
Finding of the Court:

The court found that the M.P. Arbitration Tribunal has exclusive jurisdiction to deal with the dispute, setting aside the impugned direction under Section 11 of the Arbitration and Conciliation Act, 1996.
Issues: Jurisdiction of M.P. Arbitration Tribunal under M.P. Madhyastham Adhikaran Adhiniyam, 1983
Ratio Decidendi: The 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 influenced the court's decision regarding the exclusive jurisdiction of the M.P. Arbitration Tribunal.
Final Decision: The impugned direction under Section 11 of the Arbitration and Conciliation Act, 1996 was set aside, and the parties were relegated to M.P. Arbitration Tribunal for further proceedings.

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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