2018 Supreme(SC) 649

SUPREME COURT OF INDIA
Adarsh Kumar Goel, Rohinton Fali Nariman, JJ.
Madhya Pradesh Rural Road Development Authority and Anr. – Appellant(s)
Versus
Backbone Enterprises Limited and Anr. – Respondent(s)
Civil Appeal No. (s). 4012 of 2018 [Arising out of SLP (C) No. 26350 of 2011]
With
Madhya Pradesh Rural Road Development Authority and Anr. – Appellant(s)
Versus
M/s. Makhija Construction Co. – Respondent(s)
Civil Appeal No. (s). 4013 of 2018 [Arising out of SLP(C) No. 29622 of 2011]
And
Madhya Pradesh Rural Road Development Authority and Anr. – Appellant(s)
Versus
Backbone Enterprises Limited and Anr. – Respondent(s)
Civil Appeal No. (S). 4014 of 2018 [Arising out of SLP (C) No. 26605 of 2011]
Decided on : 18-04-2018

The central legal point established is the interpretation of the jurisdiction in arbitration disputes and the overruling of a previous judgment to establish the jurisdiction of the M.P. Arbitration Tribunal under the M.P. Madhyastham Adhikaran Adhiniyam, 1983.

Headnote:

Jurisdiction - Arbitration - Interpretation of Statute

Fact of the Case:

The court held that the jurisdiction to deal with the dispute is vested with the M.P. Arbitration Tribunal under the M.P. Madhyastham Adhikaran Adhiniyam, 1983, and set aside the direction in the impugned order under Section 11 of the Arbitration and Conciliation Act, 1996.

Finding of the Court:

The court granted leave and directed the parties to appear before the M.P. Arbitration Tribunal for further proceedings, allowing the respondent to seek remedy before the statutory Tribunal in accordance with the law.

Issues: Interpretation of jurisdiction in arbitration dispute

Ratio Decidendi: The court interpreted the relevant statutes and overruled the judgment in Va Tech Escher Wyass Flovel Ltd. v. MPSE Board, (2011) 13 SCC 261, to establish the jurisdiction of the M.P. Arbitration Tribunal under the M.P. Madhyastham Adhikaran Adhiniyam, 1983.

Final Decision: The direction in the impugned order under Section 11 of the Arbitration and Conciliation Act, 1996 was set aside, and the appeals were disposed of with the parties directed to appear before the M.P. Arbitration Tribunal for further proceedings.