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S.R.WAGHMARE, PRAKASH SHRIVASTAVA
Ashoka Infraways Ltd. – Appellant
Versus
State of M. P. – Respondent
Smt. Waghmare, J. -- 1. By this arbitration appeal under section 37 of the Arbitration and Conciliation Act, 1996 the appellant Ashoka Infraways Limited is aggrieved by order dated 16.2.2015 passed by the Ist Additional District Judge, Dewas in Arbitration Case No.1/15 whereby the learned Judge dismissed the application under section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter called “the Act” for brevity) filed by the appellants holding that the dispute was covered under the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 Act and not under the Act of 1996.
2. Briefly stated the facts of the case are that the Ashoka Infraways Limited was a subsidiary of appellant No.2 Ashoka Buildcon Limited and the appellant No.1 was incorporated as “Special Purpose Vehicle” (SPV) for the purpose of implementing the Dewas Bypass Road Project. Thereby indicating that the appellant No.2 company was engaged inter alia in the business of construction and civil works. It has been submitted by the counsel for the appellants that it was one of the leading highway developers in the country and have executed various prestigious projects on the national as well as state level. That
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