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2018 Supreme(SC) 1518

SUPREME COURT OF INDIA
Adarsh Kumar Goel, Rohinton Fali Nariman, JJ.
M/s. Gangotri Enterprises Ltd. - Appellant
Versus
Madhya Pradesh Road Development Corporation - Respondent
C.A. No. 4017 of 2018 (Arising out of SLP (C) No. 6513 of 2018)
Decided On : 18-04-2018

The central legal point established in the judgment is the overruling of a previous judgment and the requirement for the matter to be reconsidered on its merits in accordance with the law.

Headnote:

Judgment - Delay condoned, Leave granted, Setting aside impugned order and remanding matter to M.P. Arbitration Tribunal for consideration on merits

Fact of the Case:

The court set aside the impugned order and remanded the matter to the M.P. Arbitration Tribunal for consideration on merits in accordance with law.

Finding of the Court:

The court found that the impugned order was based on a judgment that had been overruled, and therefore set it aside, granting leave for further proceedings before the Tribunal.

Issues: The issue was the reliance on an overruled judgment in the impugned order and the need for the matter to be reconsidered on its merits.

Ratio Decidendi: The court's decision was influenced by the overruling of a previous judgment and the need for the matter to be dealt with on its merits in accordance with the law.

Final Decision: The impugned order was set aside, and the matter was remanded to the M.P. Arbitration Tribunal for further proceedings.

ORDER

1. Delay condoned.

2. Leave granted.

3. In view of judgment of this Court in Va Tech Escher Wvass Flovel Ltd. v. MPSE Board & Another, (2011) 13 SCC 261 having been overruled and as the High Court has relied on Judgment in C.R. No. 353 of 2004, Mahesh Chandra Garg v. State of M.P. and Ors. decided on 23.2.2010 which was based on Va Tech (supra) , the impugned order is set aside and the matter is remanded to the M.P. Arbitration Tribunal so that the said Tribunal can deal with the matter on merits in accordance with law.

4. The appeals are disposed of.

5. The parties may appear before the Tribunal for further proceedings on 9 th July, 2018. The appellant may serve a copy of this order on the respondents.

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