VidhiSangh

Supreme Court of India · 18/04/2018

M/S GANGOTRI ENTERPRISES LTD. versus MADHYA PRADESH ROAD DEVELOPMENT CORPORATION AND ANR.

[2018] 4 S.C.R. 260 · 2018 INSC 360

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Summary

The Supreme Court clarified that “ascertained money” in the M.P. statutory arbitration definition includes amounts capable of ascertainment during proceedings from the parties’ claims and counterclaims, not only amounts fixed beforehand. It also directed the State not to appoint as a Tribunal member its employee from the department concerned in the dispute. The appeal and connected matters were disposed of with those clarifications.

Issues

  1. Whether “ascertained money” excluded amounts requiring determination in the proceedings.
  2. What restriction applied to appointment of departmental employees as Tribunal members.

Provisions considered

Held

Result

Appeal disposed of with the stated interpretive and appointment clarifications; delay condoned in connected special leave petitions, which and pending applications were disposed of accordingly.

Judgment PDF: Supreme Court of India, [2018] 4 S.C.R. 260.