Madhya Pradesh High Court
M/S Tomar And Brothers Through Power Of ... vs M.P.Rural Road Development Authority on 11 September, 2025
Author: Anand Pathak
Bench: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
&
HON'BLE SHRI JUSTICE PUSHPENDRA YADAV
ON THE 11th OF SEPTEMBER, 2025
WRIT PETITION No. 35124 of 2025
M/S TOMAR AND BROTHERS
Vs.
MP RURAL ROAD DEVELOPMENT CORPORATION
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APPEARANCE:
Shri Harish Dixit - Senior Advocate with Shri Nimesh Kumar -
Advocate for the petitioner.
Shri Kaushlendra Singh Tomar - Advocate for the respondents.
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ORDER
1. This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs:-
"7.1 Quashing the impugned order dated 17.06.2025 & 08.08.2025(Annexure P1 & P2) 7.2 Directing respondent no.1 to decide the pending reference of dispute under clause 24 (Annexure P-10) dated 09-07-2025 within a prescribed time frame.
7.3 Directing the respondents not to insist the petitioner for production of bitumen invoices of the material procured and already used in the work before its completion in 2021. 7.4 Directing the respondents to restore their security deposit without affecting the recovery on account of price of bitumen. 7.5 Any other relief which this Hon'ble Court finds appropriate in the matter may also be granted with Costs."2
2. It is submitted by counsel for the respondents that identical writ petitions have already been disposed of by the Coordinate Bench of this Court vide order dated 09.01.2025 passed in W.P.No.5573/2024 (Principal Seat, Jabalpur) in M/s R K Construction Vs. Madhya Pradesh Rural Road Development Authority (PIU) and Others and the petitioner therein has been granted liberty to approach the Dispute Redressal Mechanism.
3. Counsel for petitioner does not dispute the contention raised by counsel for the respondents.
4. Heard learned counsel for the parties.
5. The Coordinate Bench of this Court in the case of M/S R K Construction (supra) has held as under:-
"Identical petitions involving same issue have already been decided vide order dated 22/05/2024 in WP No.13981/2024. These petitions are also disposed of in similar terms, however, liberty is granted to the petitioners to take steps to approach Dispute Redressal Mechanism in view of the order passed in the said petition or to approach same Court, if any issue has not been considered by the said Bench.
2. On approach being made by the petitioners within two weeks, the concerned authorities are directed to dispose of the same within the time bound period and not beyond two months from the date of this order.
3. Till then, recovery shall not be effected upon the petitioners.
4. In view of the time granted by this Court, the bar of limitation contained in Clause 24.1 of General Conditions of Contract of the tender document/Contract shall not come into the way of the petitioners.
4. Accordingly, the petitions stand disposed of."3
6. Accordingly, this petition is also disposed of with the terms and conditions of the order passed by Coordinate Bench of this Court in the case of M/s R K Construction (supra). Needless to mention that in case, if some difficulty is faced with regard to the Arbitrator, then the party shall be free to take recourse in accordance with law.
7. Petition stands disposed of in above terms.
(ANAND PATHAK) (PUSHPENDRA YADAV) Anil* JUDGE JUDGE ANIL Digitally signed by ANIL KUMAR CHAURASIYA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH KUMAR COURT OF MADHYA PRADESH BENCH GWALIOR,
2.5.4.20=8512f40a1a9eaa50b6802d068b51 CHAURASIY dae27e84c266b09d283f0799e67cdc7df50f, postalCode=474001, st=Madhya Pradesh, serialNumber=EC534CBB3B245F050119F0 6F4A296DD83C765A1E2ACC6EC7D8BD8C A BCC9C2446E, cn=ANIL KUMAR CHAURASIYA Date: 2025.09.12 11:36:17 +05'30'