VidhiSangh

Supreme Court of India · 18/04/2018

STATE OF CHHATTISGARH AND ANR. versus M/S. KMC CONSTRUCTION LIMITED

[2018] 4 S.C.R. 270 · 2018 INSC 360

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Summary

The Supreme Court held that the statutory Tribunal under the M.P. Madhyastham Adhikaran Adhiniyam, 1983 had exclusive jurisdiction over the dispute before it. It set aside the section 11 appointment direction and relegated the parties to that Tribunal. The respondents were expressly permitted to file the same claim already submitted to the arbitrator. The claim’s merits remained for decision under the statutory scheme.

Issues

  1. Whether the section 11 direction could stand where the statutory Tribunal had exclusive jurisdiction.
  2. Whether the claim already presented to the arbitrator could be pursued before the Tribunal.

Held

Result

Section 11 direction set aside; parties relegated to the statutory Tribunal, with liberty to file the same claim. Appeals disposed of; appearance permitted on 9 July 2018.

Judgment PDF: Supreme Court of India, [2018] 4 S.C.R. 270.