Madhya Pradesh High Court
Madhya Pradesh Road Development ... vs M/S Jabalpur Corridor (India ) Pvt. Ltd. on 25 April, 2016
AA-23-2016
(MADHYA PRADESH ROAD DEVELOPMENT CORPORATION LTD. Vs M/S JABALPUR
CORRIDOR (INDIA ) PVT. LTD.)
25-04-2016
Shri Deepesh Joshi, learned counsel with Shri Shivendra Pandey, for the
appellant.
Shri Vivek K. Tankha, learned Senior Counsel with Shri Shashank
Shekhar and Shri Rishabh Sancheti, for the respondents.
Issue notice to the respondents.
At this stage, Shri Shekhar Sharma appears and takes notice on behalf of the respondents.
Copy of memorandum of appeal along with annexures be given to Shri Shekhar Sharma.
Heard learned counsel for the parties on the question of interim relief. Learned counsel for the appellant submits that the appellant being a Public Sector undertaking, if some amount is directed to be deposited, disbursement of the same to the respondents be not granted. Shri Vivek Tankha, learned Senior Counsel opposes the same and brings to our notice a judgment in the case of : Kanpur Jal Sansthan & Anr. Vs. Bapu Constructions â (2015)5 SCC 267, wherein the Hon'ble Supreme Court has directed for disbursement of 100% amount in the matter of arbitration, that also pertaining to a public sector undertaking. Keeping in view the totality of facts and circumstances of the case, as an interim measure, we direct that on the appellant's depositing 55% of the amount as awarded within a period of four weeks from today, further recovery in pursuance to the impugned award shall remain stayed. T he amount so deposited shall be disbursed to the respondents on their furnishing adequate security to the satisfaction of Trial Court.
As far as admission of this appeal is concerned, Shri Vivek Tankha, learned Senior Counsel submits that he has certain objections to the same and prays for four weeks time to file objection in this regard in writing.
He may do so.
List the matter for considering the question of admission and th further orders if any, on the question of stay, on 28 June, 2016. Records from the Courts below be called for. C.C. as per rules.
(RAJENDRA MENON) (ANURAG KUMAR
JUDGE SHRIVASTAVA)
JUDGE