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SUPREME COURT OF INDIA
J.B. PARDIWALA, J
M/S GAYATRI PROJECT LIMITED – Appellant
Versus
MADHYA PRADESH ROAD DEVELOPMENT CORPORATION LIMITED – Respondent
| Table of Content |
|---|
| 1. appeal and prior judicial context established. (Para 2 , 3) |
| 2. specific facts of the works contract and arbitration clause. (Para 4 , 8) |
| 3. conflicting opinions on the applicability of mp act vs. act, 1996. (Para 5 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. summary of legal reasons for upholding arbitration. (Para 6 , 9 , 10) |
| 5. court’s observations guiding the appeal process. (Para 7 , 19 , 28) |
| 6. conclusion on maintaining arbitral award despite jurisdictional challenges. (Para 40 , 41) |
JUDGMENT
For the convenience of the exposition, this judgment is divided in the following parts: -
2. This appeal arises from the judgment and order passed by the High Court of Madhya Pradesh, Principal Seat at Jabalpur dated 07.01.2022 in Arbitration Appeal No. 79 of 2021 by which the appeal filed by the appellant herein under Section 37 of the Arbitration and Conciliation Act, 1996 (for short, the “Act, 1996”) came to be dismissed thereby affirming the order dated 20.12.2019 passed by the Commercial Court and 19th Additional Sessions Judge, Bhopal (M.P.) allowing application filed by the respondent herein under Section 34 of the Act, 1996.
A. FACTUAL MATRIX
(i) The appellant executed a “works c
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