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1992 Supreme(MP) 63

D.M.DHARMADHIKARI, S.JHA, FAIZAN UDDIN
State Of Madhya Pradesh – Appellant
Versus
Chahal And Company – Respondent


ORDER

S.K. Jha, C.J.

1. The Order passed in this Misc. Appeal shall also govern the disposal of Misc. Appeal No. 350/90 between the same parties.

2. In both the appeals, the same point is involved and the common question arising in the two appeals which has been referred by the Division Bench consisting of Dharmadhikari and Issrani, JJ. for decision by a Larger Bench is whether an application under Section 20 of the Arbitration Act pending in the Civil Court prior to the date of constitution of the Arbitration Tribunal, i.e. 1-3-1985, would be saved by the provisions of Section 20(2) of the M.P. Madhyastham Adhikaran Adhiniyam, 1983? Hence this Full Bench for a decision of the aforementioned question of law.

3. A Division Bench consisting of B.C. Varma, J. as he then was, and Rampal Singh, J. by its judgment and Order dated 24-8-1987, in M.A. No. 168 of 1985, M/s Firm Trilok Chand Garg v. State of Madhya Pradesh had taken the view that the arbitration proceedings pending before any Tribunal within the meaning of Section 20(2) of the M.P.Madhyastham Adhikaran Adhiniyam, 1983 (hereinafter referred to as the Adhiniyam), (Act No. 29 of 1983), means that an application filed before the Cour












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