Supreme Court - Daily Orders
M/S Jmc Projects (India) Ltd. vs Madhya Pradesh Road Development ... on 10 January, 2020
Bench: Rohinton Fali Nariman, S. Ravindra Bhat
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 204 OF 2020
(Arising out of SLP (C)No. 4789 of 2019)
M/S JMC PROJECTS (INDIA) LTD. Appellant(s)
VERSUS
MADHYA PRADESH ROAD DEVELOPMENT CORPORATION Respondent(s)
O R D E R
Leave granted.
Mr. K. V. Vishwanathan, learned senior counsel appearing for the appellant, has shown us our order dated 08.03.2018 in Madhya Pradesh Rural Road Development Authority & Anr. v. M/s. L. G. Chaudhary Engineers and Contractors (Civil Appeal No. 974 of 2012)(being the lead case) and has pointed out paragraph Nos. 22 to 27 thereof which are quoted hereinbelow:
“C.A. No. 2751 of 2018 @ SLP (C)No. 11615/2012, C.A. No. 2753 of 2018 @ SLP (C)No. 11617/2012, C.A. No. 2754 of 2018 @ SLP (C)No. 11618/2012, C.A. No. 2755 of 2018 @ SLP (C)No. 11619/2012, C.A. Nos. 2756-2757 of 2018 @ SLP (C)Nos. 11633-11634/2012, C.A. Nos. 2758-2759 of 2018 @ SLP (C)Nos. 11631-11632/2012 & C.A. Nos. 2760-2761 of 2018 @ SLP (C)No. 11628- 11629/2012:
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22. We do not express any opinion on the applicability of the State Act where award has already been made. In such cases if no objection to the jurisdiction of the arbitration was taken at Signature Not Verified relevant stage, the award may not be annulled only Digitally signed by R NATARAJAN on that ground.Date: 2020.01.15 15:11:22 IST Reason:
23. The appeals are, accordingly, disposed of.1 C.A. No. 204/ 2020
(@ SLP (C)No. 4789/ 2019) C.A. No. 2616@ SLP (C)No. 35641/2011:
24. Leave granted.
25. In view of order passed in C.A. No. 2751 of 2018 @ SLP (C)No. 16615/2012, no objection having been raised by the respondents in terms of Section 16(2) of the Arbitration and Conciliation Act, 1996 at appropriate stage within the time stipulated, the award could not have been annulled.
26. Accordingly, this appeal is allowed, the impugned judgment is set aside and the award is restored.
27. It is, however make it clear that this order will not debar proceedings under Section 34 of the Arbitration and Conciliation Act, 1996.” It is clear that in the present case, an Award has already been passed which is dated 07.01.2011.
This being the case, and following the aforesaid judgment of this Court, the impugned judgment dated 24.10.2018 is set aside. The Section 34 proceedings will continue with all objections that may be raised but excluding the objection as to the applicability of the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983.
The matter stands disposed of accordingly.
…………………………………………………………………., J. [ ROHINTON FALI NARIMAN ] …………………………………………………………………., J. [ S. RAVINDRA BHAT ] New Delhi;
January 10, 2020.
2 C.A. No. 204/ 2020 (@ SLP (C)No. 4789/ 2019) ITEM NO.35 COURT NO.4 SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No. 4789/2019 (Arising out of impugned final judgment and order dated 24-10-2018 in ARBA No. 10/2013 passed by the High Court of M.P. Principal Seat at Jabalpur) M/S JMC PROJECTS (INDIA) LTD. Petitioner(s) VERSUS MADHYA PRADESH ROAD DEVELOPMENT CORPORATION Respondent(s) (With IA No. 27517/2019 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No. 27515/2019 - EXEMPTION FROM FILING O.T.) Date : 10-01-2020 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Petitioner(s) Mr. K. V. Vishwanathan, Sr. Adv.
Mr. Rishabh Sancheti, Adv.
Ms. Padma Priya, Adv.
Mr. Anchit Bhandari, Adv.
Mr. Suyash Rawat, Adv.
Mr. K. Paari Vendhan, AOR For Respondent(s) Mr. Prashant Kumar, AOR Mr. Saurabh S. Sinha, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
The matter stands disposed of in terms of the signed order.
Pending applications stand disposed of accordingly.
(NIDHI AHUJA) (NISHA TRIPATHI)
COURT MASTER (SH) BRANCH OFFICER
[Signed order is placed on the file.] 3