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03 September 2021 | MP Road Development Corporation v. Ministry of Road, Transport and Highways and another | WP No. 11783/2021| Mohammad Rafiq CJ and Vijay Kumar Shukla J | Madhya Pradesh High Court | 2021 SCC OnLine MP 1599
The MP High Court dismissed a writ petition by which an order made by an arbitral tribunal under Section 16 ACA was challenged. The tribunal’s jurisdiction was questioned based on the ground that the matter was a ‘works contract’ over which the arbitral tribunal constituted under the Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 had jurisdiction.
The court noted the law laid down in Bhaven Construction v. Executive Engineer, 2021 SCC OnLine SC 8 and Deep Industries v. Oil and National Gas Corporation (2020) 15 SCC 706. It ruled that the “petitioner appears to have coined the argument of “patent lack of inherent jurisdiction” and the “bad faith” only during the course of arguments.”
Read the decision here.
Categories: Article 226 Constitution of India | Article 227 Constitution of India | Bhaven Construction | Deep Industries | Extent of Judicial Intervention | Judicial Review in Arbitration | Patent Lack of Inherent Jurisdiction | Power of High Courts to Issue Certain Writs | Power of Superintendence Over All Courts by the High Court