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2018 Supreme(MP) 610

HEMANT GUPTA, VIJAY KUMAR SHUKLA, SANJAY DWIVEDI
Telecommunications Consultants India Ltd. – Appellant
Versus
Madhya Pradesh Rural – Respondent


Advocates:
Siddharth Gulatee and Shekhar Sharma for petitioner;
Shashank Shekhar Dugwekar and Amit Kumar Singh for respondents;
Amit Seth, Government Advocate for State.

ORDER

Gupta, C.J. --1. The present revision is placed before us in pursuance to an order passed by a Division Bench of this Court on 10.8.2018 finding divergent views of the two Division Bench Judgments of this Court rendered in Ram Niwas Shukla v. State of M.P., [2006(4) MPLJ 34] and Rajawat and Company. v. State of M.P., [2005(4) MPLJ 16]. The Bench has framed the following question for the opinion of the Larger Bench :

“Whether the proviso to sub-section (1) of section 7-B of the M.P. Madhyastham Adhikaran Adhiniyam, 1983 would be applicable in a situation where the Final Authority has not given any decision within six months?”

2. The issue is purely legal and depends upon the statutory provisions. The Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 (for short “the Act”) was published in the M.P. Gazette (Extraordinary) dated 12.10.1983 for providing alternative mode of dispute resolution in respect of works-contract granted by State or Public Undertakings. The Act has undergone major changes when M.P. Madhyastham Adhikaran (Amendment) Act No. 9 of 1990 was published









































































































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