VidhiSangh

Supreme Court of India · 18/04/2018

MADHYA PRADESH RURAL ROAD DEVELOPMENT AUTHORITY AND ANR. versus BACKBONE ENTERPRISES LIMITED AND ANR.

[2018] 4 S.C.R. 268 · 2018 INSC 360

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

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

  1. Whether the High Court order could stand after the underlying Va Tech precedent was overruled.
  2. Where the dispute should be decided on merits.

Held

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.

Judgment PDF: Supreme Court of India, [2018] 4 S.C.R. 268.