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2018 Supreme(MP) 360

HEMANT GUPTA, SUBODH ABHYANKAR, VIJAY KUMAR SHUKLA
Shri Gouri Ganesh Shri Balaji Constructions "C" Class Contractor – Appellant
Versus
Executive Engineer, PWD – Respondent


Advocates:
Shekhar Sharma for petitioner; P. K. Kaurav, Advocate General with Pushpendra Yadav, Deputy Advocate General and Amit Seth,
Government Advocate for respondents/State.

ORDER

Gupta, C.J. -- 1. A learned Single Judge while considering the present petition under section 11(6) of the Arbitration and Conciliation Act, 1996 (for short “the Central Act”) found divergent views between the two Single Bench orders of this Court i.e. order dated 8.2.2016 passed by Indore Bench of this Court in A.C. No. 9/2013 (Rajesh Agrawal v. Executive Engineer, Public Works Department) and order dated 21.4.2015 passed by a learned Single Bench of Principal Seat of this Court in A.C. No.12/2014 (M/s Landlord Infrastructure v. Engineer in Chief, PWD and others). Therefore, the following questions were referred for the opinion of the Larger Bench :

(1) Whether the dispute relating to termination of a contract without claiming any consequential relief is maintainable before the Arbitral Tribunal under the M.P. Madhyastham Adhikaran Adhiniyam, 1983?

(2) Whether, under the guise of challenge to an action of termination of contract, the remedy under the MP Act can be said to be not available, when the real challenge is to the Revenue Recovery Certificate issued by the State for recovery of the loss/damages?

(3) Any other question that may arise for adjudication or decisio









































































































































































































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