J. K. MAHESHWARI, ATUL S. CHANDURKAR
Madhya Pradesh Road Development Corporation Ltd. Through Its Managing Director – Appellant
Versus
Jabalpur Corridor Pvt. Ltd. Through Its Managing Director – Respondent
JUDGMENT :
J.K. MAHESHWARI, J.
1. Arbitration in India has not failed, however Courts sometimes have failed arbitration in India. Even the Government’s role cannot be ignored. A single doubtful precedent in the arbitration field has the potential to cast a shadow on its viability in India and its impact on the ease of doing business in India. There is no gainsaying that judicial interference in alternative dispute resolution has often been a cure without a disease in India. In this context, it is high time that judges realize that certainty, uniformity and finality are also cherished values.
2. This appeal has been filed against the impugned judgment and final order dated 21.12.2016 passed by the High Court of Madhya Pradesh, bench at Jabalpur (hereinafter referred to as “High Court”) in Arbitration Appeal No. 23 of 2016, wherein the High Court did not find any ground to interfere in the matter while exercising its appellate jurisdiction under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “1996 Act”). As such, the High Court affirmed the order of the 10th Additional District Judge, Bhopal (hereinafter referred to as “District Court”) dated 22.02.
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