Madhya Pradesh Court July 2004 Judgments
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Hamid Khan Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jul-01-2004
Reported in: 2005(1)MPHT210; 2004(3)MPLJ425
ORDERDipak Misra, J.1. In the case of State of Orissa and Ors. v. Gangaram Chhapolia and Anr., AIR 1982 Orissa 277, R.C. Patnaik, J. (as His Lordship then was), speaking over the plight and the anguish of the State of Orissa stated in Paragraph 7 as under :-'7. It is permissible to deviate and consider a few questions. If one were asked 'what afflicts the State of Orissa ?' The answer could be : 'Inter alia, the malady of the racket of arbitration'.The learned Judge while so stating in Paragraph 9, reflected on a pronouncement as under:-'A pregnant sentence comes to mind 'Awake, Arise, 'O' Partha'. How long shall you be in slumber ?'2. The purpose of quoting the aforesaid judgment has a definite and indubitable relevance to the case at hand. As far as first part is concerned there may not be a racket relating to arbitration but there can be no doubt that in certain circumstances the authorities have taken recourse to the habit of led back and adopted an attitude that exhibits total non...