Madhya Pradesh Court October 1995 Judgments

M.P. Electricity Board Vs. M.P. Madhyastham Adhikaran and anr.

Court: Madhya Pradesh

Reported in: 1996(0)MPLJ629

ORDERS.K. Dubey, J.1. By this petition under Articles 226/227 of the Constitution of India, the petitioner seeks for quashment of the order dated 7-9-1988 (Annexure-B) passed in reference case No. 11 of 1988 by the M. P. Arbitration Tribunal, Bhopal (for short the 'Tribunal') and further seeks a declaration that the petitioner is not amenable to jurisdiction of the Tribunal under the provision of M. P. Madhyastham Adhikaran Adhiniyam, 1983 (for short the Adhiniyam')2. Facts giving rise to this petition are these :The petitioner Madhya Pradesh Electricity Board (for short the 'Board') is a statutory body corporate constituted and established under Section 5 of the Electricity (Supply) Act, 1948 (for short the 'Act of 1948'). The respondent No. 2 is an Engineering Company who carries on civil construction work. An agreement of construction of 45 meter high masonry-cum-earthen Dam and saddle across river Johialla was entered into. A dispute arose between the petitioner and respondent No. ...