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
- Whether the section 11 direction could stand where the statutory Tribunal had exclusive jurisdiction.
- Whether the claim already presented to the arbitrator could be pursued before the Tribunal.
Held
- Applying L.G. Chaudhary and the subsequent order of 8 March 2018 in that matter, the Court held that the statutory Tribunal had exclusive jurisdiction over this dispute. The direction under section 11 of the Arbitration and Conciliation Act therefore could not survive. (¶ 3)
- The parties were relegated to the Tribunal to decide the dispute under the M.P. Act. The respondents could present the same claim already filed before the arbitrator; the order did not itself accept or reject that claim on merits. (¶¶ 4, 5, 6, 7)
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.