Summary
The Supreme Court adapted two longstanding construction-arbitration disputes to the M.P. statutory framework. Because an old award had gone unchallenged and reached execution, it directed that award to be treated as rendered under the M.P. Act and transferred the Delhi High Court appeal and connected matters to Jabalpur as revision proceedings. A separate unfinished arbitration was transferred to the statutory Tribunal for continuation. The order did not automatically terminate either dispute or direct immediate payment of the award.
Issues
- How the already-rendered award and pending court proceedings should be treated under the M.P. Act.
- Where the separate unfinished arbitration should continue.
Held
- The applicable larger-Bench decision required settlement under the M.P. Madhyastham Adhikaran Adhiniyam, 1983. Given the old, unchallenged award and its execution-stage posture, the Court specifically directed that it be treated as an award under that Act. This was relief tailored to the procedural history before it. (¶¶ 3, 4, 5)
- Pending Delhi High Court FAO (OS) No.23 of 1998 and connected matters were transferred to the Madhya Pradesh High Court at Jabalpur to be treated as revision proceedings under the M.P. Act. The order did not decide their merits or finally order disbursement in execution. (¶¶ 4, 5, 6)
- The other arbitration, whose arbitrators were said to have died before completion, was transferred to the M.P. Arbitration Tribunal to proceed under the Act in continuation of the earlier proceedings. Parties could take steps for transfer of records to the appropriate forum. (¶¶ 7, 8, 9)
Result
Appeal disposed of with the award treated as rendered under the M.P. Act, court proceedings transferred to Jabalpur as revisions, and unfinished arbitration transferred to the statutory Tribunal. Appearance permitted on 9 July 2018.