Madhya Pradesh High Court
M/S Bhupendra Singh vs Madhya Pradesh Rural Road Developent ... on 28 October, 2025
1 WP-39098-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
WP No. 39098 of 2025
(M/S BHUPENDRA SINGH Vs MADHYA PRADESH RURAL ROAD DEVELOPENT AUTHORTY AND OTHERS )
Dated : 28-10-2025
Shri Prateek Rusia - Advocate for petitioner.
Shri Rohit Jain - Advocate for respondents.
Petitioner has impugned letter dated 25.07.2025, whereby the respondents have sought to recover a sum of Rs.95,79,878/-.
Learned counsel for the petitioner submits that petitioner has been given a letter of invocation dated 29.08.2025, invoking the Alternative Dispute Resolution Mechanism and the period for deciding the representation is still not over and he states that in case the representation is decided against the petitioner or not decided within the time prescribed, the petitioner shall approach the Aribitral Tribunal by way of a reference.
Learned counsel further submits that Supreme Court in the case of Tulst Narayan Garg Vs. MP. Road Development Authority, Bhopal & Ors. (2022) 17 SCC 750 has held that pending reference before the arbitral tribunal, no recovery is permissible. Learned counsel submits that since recovery is not permissible pending reference before the arbitral tribunal, recovery is also not permissible, post invocation and pre reference to the arbitral tribunal on the same analogy. Learned counsel submits that in similar circumstances, several petitions have been filed before this Court where interim protection has been granted. Reference is made to order dated 12.06.2025 in W.PNo.20270/2025 (M/s R.K. Construction Vs. State of Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 30-10-2025 12:59:46 2 WP-39098-2025 M.P.) pending before the Bench at Jabalpur and also the order dated 02.06.2025 in W.P.No.19746/2025 ( M/s Narayan Das Foolchand Mishra Infrastructure Vs. State of M.P.) pending before the Bench at Indore.
Issue notice to the respondents.
Notice is accepted by learned counsel appearing for the respondents. List along with W.P.No.24978 of 2025 in week commencing 19.01.2026.
In the meantime, no coercive steps shall be taken against the petitioner.
(SANJEEV SACHDEVA) (VINAY SARAF)
CHIEF JUSTICE JUDGE
rk.
Signature Not Verified
Signed by: RAVIKANT
KEWAT
Signing time: 30-10-2025
12:59:46