Summary
The Supreme Court set aside the High Court order and remanded the dispute to the M.P. Arbitration Tribunal for decision on merits. The High Court had relied on Mahesh Chandra Garg, which in turn rested on the overruled Va Tech decision. This separate order directed an actual remand to the statutory Tribunal and did not determine the contractual claim itself.
Issues
- Whether the High Court order could stand after the underlying Va Tech precedent was overruled.
- Where the dispute should be decided on merits.
Held
- The High Court’s reliance on Mahesh Chandra Garg did not sustain its order because that decision had been based on Va Tech, which stood overruled. The Supreme Court accordingly set aside the impugned order. (¶ 2)
- The matter was remanded to the M.P. Arbitration Tribunal to deal with the merits in accordance with law, with appearance permitted on 9 July 2018. The order did not adjudicate liability or award payment. (¶¶ 2, 3, 4, 5)
Result
Delay condoned and leave granted; impugned order set aside and matter remanded to the M.P. Arbitration Tribunal for merits determination. Appeals disposed of; appearance permitted on 9 July 2018.