Summary
On the parties’ undisputed position that the intervening decision in L.G. Chaudhary had overruled Va Tech, the Supreme Court set aside the impugned High Court order and restored the contractor’s revision for fresh decision according to law. The short order did not itself determine the contractual dispute or award monetary relief.
Issues
- Whether the impugned order should survive the overruling of the precedent identified by the parties.
- Whether the revision required restoration for decision by the High Court.
Held
- The parties did not dispute that the impugned order had to be set aside in view of Madhya Pradesh Rural Road Development Authority v. L.G. Chaudhary Engineers and Contractors, which had overruled Va Tech Escher Wyass Flovel Ltd. v. MPSE Board. The Court proceeded on that agreed legal position. (¶ 3)
- Civil Revision No.509 of 2005 was restored to its original number for the High Court to decide the dispute in accordance with law. The merits of the contract claims were not adjudicated in this order. (¶¶ 3, 4, 5)
Result
Delay condoned and leave granted; impugned order set aside, revision restored and matter remanded to the High Court. Parties permitted to appear on 9 July 2018; appeal disposed of.