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2022 Supreme(MP) 694

SHEEL NAGU, PURUSHAINDRA KUMAR KAURAV
GAYATRI PROJECT LTD. – Appellant
Versus
MADHYA PRADESH ROAD DEVELOPMENT CORPORATION LTD. – Respondent


JUDGMENT PURUSHAINDRA KUMAR KAURAV, J. : – This Arbitration Appeal under section 37 of the Arbitration and Conciliation Act 1996 (for short, hereinafter referred to as the “Act of 1996”) takes exception to the impugned order dated 20-12-2019, passed by the Commercial Court and 19th Additional Sessions Judge, Bhopal (M.P.) allowing an application under section 34 of the Act of 1996, preferred by the respondent, whereby, the original award dated 8-7-2011 pronounced by the sole Arbitrator, appointed under the provisions of the Act of 1996, has been set aside.

2. In view of the law laid down by the Hon’ble Supreme Court in the matter of Madhya Pradesh Rural Road Development Authority and another vs. M/s L. G. Chaudhary Engineers and Contractors, (2018) 10 SCC 826, learned counsel appearing for the appellant does not dispute the applicability of the provisions of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 (for short, hereinafter referred to as the “Act of 1983”), over the subject-matter of the present dispute. However, his singular grievance is that the award, passed under the provisions of the Act of 1996 by the Arbitral Tribunal before decision of the Hon’ble Supreme Cou

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