Madhya Pradesh High Court
M/S Scc Projets Pvt. Limited vs The State Of Madhya Pradesh on 31 July, 2013
M/s. SCC Projects Pvt. Ltd Vs. State of M.P. & Ors.
W. P. No :: 17784 / 2012
31.07.2013.
Shri Greeshm Jain, learned counsel for the petitioner.
Shri Sanjay Dwivedi, learned Government Advocate
for the respondent/State.
We have taken note of the prayer made in the
amendment application vide I.A. No.9774/2013 and after
being appraised of the fact that an earlier writ petition was
filed in Indore Bench and same is being withdrawn, we
propose to deal with the matter.
Having heard learned counsel for the parties and on
perusal of clause 29 of the agreement in question, it is clear
that with regard to any dispute arising out of agreement in
question, which is a work contract, the provisions of M.P.
Madhyastam Adhiniyam are applicable.
That being so, if the appellate authority, namely the
Engineer-in-Chief does not decide the appeal within 90 days,
then remedy available to the petitioner is to invoke
jurisdiction available to approach the M.P. Arbitration
Tribunal constituted under the M.P. Madhyastam Adhiniyam
1983, wherein provisions of appeal is contemplated for
seeking reference.
That being so, it is not appropriate for this Court to
interfere into the matter and direct the appellate authority to
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decide the appeal, when petitioner has a statutory efficacious
remedy to seek reference of the dispute before the arbitration
tribunal.
Accordingly, granting liberty to the petitioner to take
recourse to the said remedy, this petition is disposed of.
(RAJENDRA MENON) (SMT. VIMLA JAIN)
JUDGE JUDGE
.
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