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2015 Supreme(MP) 357

SANJAY YADAV
Unitech Limited – Appellant
Versus
Madhya Pradesh Rural Road Development Corporation – Respondent


Advocates Appeared:
For the Petitioner: Dilip Parihar, learned counsel.
For the Respondents:Purushaindra Kaurav, learned Additional Advocate General along with Aditya Khandekar, G.S. Chauhanand Tabrej Sheikh, Advocates.

JUDGMENT :

Sanjay Yadav, J.

1. Additional documents filed vide I.A. No. 1542/15 and I.A. No. 1543/15 in W.P. No. 11201/2013 and W.P. No. 11029/2013 respectively, are taken on record.

2. Arguments heard.

3. These batch of writ petitions are directed against an order dated 10.12.2012 passed by the Tenth Additional District Judge, Bhopal, entertaining an application under Section 14(2) of the Arbitration and Conciliation Act, 1996 (for brevity 1996 Act') and terminating the mandate of the Arbitrator holding that the dispute can only be resolved by the Tribunal constituted under the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983.

4. Relevant facts are taken from W.P. No. 6405/2013.

5. It being a matter of fact borne out from the record that the dispute between the parties emanates from the agreement relating to Package No. 5 : Rehabilitation and Strengthening of Vidisha-Korwai Section of SH 19 [Project Road No. 11].

6. The Agreement in question contains Arbitration Clause 67.4, which envisages -

"Any dispute in respect of which :

a) the decision, if any, of the Board has not become final and binding pursuant to sub-clause 67.2, and

b) amicable settlement has not been reached :

(i) In the ca









































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