Summary
The Supreme Court set aside the High Court’s direction under section 11 of the Arbitration and Conciliation Act, 1996. Following the overruling of Va Tech, jurisdiction over the dispute lay with the M.P. statutory Arbitration Tribunal. The respondent was left free to pursue that remedy according to law. The order determined the proper forum for this dispute without deciding the underlying contractual claim.
Issues
- Which forum had jurisdiction over the dispute after Va Tech was overruled.
- Whether the section 11 direction should stand.
Held
- The dispute fell within the jurisdiction of the M.P. Arbitration Tribunal constituted under the M.P. Madhyastham Adhikaran Adhiniyam, 1983 following the overruling of Va Tech. The impugned section 11 direction was therefore set aside. (¶ 2)
- The respondent could seek its remedy before the statutory Tribunal according to law. The order did not adjudicate the merits of the claim, award money or expressly dispense with applicable procedural requirements. (¶¶ 3, 4, 5, 6)
Result
Delay condoned and leave granted; section 11 direction set aside. Appeals disposed of with liberty to approach the statutory Tribunal and appearance permitted on 9 July 2018.