Board Of Secondary Education vs Raj Heights Creations Pvt ...
2022 Latest Caselaw 15743 MP

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                          AA No. 42 of 2022
                            (BOARD OF SECONDARY EDUCATION Vs RAJ HEIGHTS CREATIONS PVT LTD.FORMERLY PARICHAY
                                                  ENGG. PVT. LTD. THROUGH ITS DIRECTOR)

                           Dated : 29-11-2022
                                 Shri Kabeer Paul - Advocate for appellant.

                                 Shri Kapil Duggal - Advocate for respondent.

I.A.No.8495 of 2022 is an application filed by the respondent seeking to vacate ex-parte interim order dated 13.07.2022. In terms whereof, the order dated 27.01.2022 passed by the Appellate Court as well as the award dated

26.10.2013 passed by the Arbitrator in Arbitration Case No.1568 of 2004 were stayed. Reliance has been placed upon a judgment passed by the Hon'ble Supreme Court in the case of Pam Developments (P) Ltd. V. State of W.B. reported in (2019) 8 SCC 112 in support of their plea.

The same is disputed by the appellant's counsel. Heard learned counsels.

A n award was passed to an extent of Rs.24,70,375/- in favour of the respondent herein. The same was challenged under Section 34 of the Arbitration

and Conciliation Act, 1996 (hereinafter referred to as "the Act") before the 8th

Additional District Judge, Bhopal. The same was dismissed. Hence, the instant appeal.

The Hon'ble Supreme Court in the aforesaid judgment came to the view that in matters where there are money decree even in arbitration proceedings, the State or its agencies cannot be treated differently than other litigants. That since there are proceedings under the Act, they all need to be treated alike. Therefore, in the said case therein, the impugned order granting unconditional stay was set

Signature Not Verified Signed by: SHALINI LANDGE Signing time: 11/30/2022 5:25:29 PM

aside.

Considering the aforesaid judgment and contentions advanced, we are of the view that it would be appropriate to direct the appellant to deposit an appropriate amount towards the awarded sum of Rs.24,70,375/-. Hence, we deem it just and necessary to direct the appellant to deposit a sum of Rs.15,00,000/- with the Registry of this Court within a period of four weeks from today. Interim order dated 13.07.2022 is accordingly modified.

I.A.No.8495 of 2022 is accordingly disposed off.

                                 (RAVI MALIMATH)                                       (VISHAL MISHRA)
                                   CHIEF JUSTICE                                            JUDGE

                           Sha




Signature Not Verified
Signed by: SHALINI
LANDGE
Signing time: 11/30/2022
5:25:29 PM