Municipal Corporation Jabalpur vs Madhya Pradesh Micro And Small ...
2023 Latest Caselaw 16806 MP

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                               ON THE 10 th OF OCTOBER, 2023
                                               WRIT PETITION No. 17791 of 2023

                           BETWEEN:-
                           MUNICIPAL CORPORATION JABALPUR THROUGH
                           COMMISSIONER NAGAR NIGAM NEAR TEEN PATTI
                           CHOWK WRIGHT TOWN JABALPUR (MADHYA
                           PRADESH)

                                                                                            .....PETITIONER
                           (BY SHRI ANSHUMAN SWAMY - ADVOCATE)

                           AND
                           1.    MADHYA PRADESH MICRO AND SMALL
                                 ENTERPRISE FACILITATION COUNCIL THROUGH
                                 ITS  CHAIRMAN     VINDHYACHAL    BHAWAN
                                 BHOPAL (MADHYA PRADESH)

                           2.    INDUSTRIES COMMISSIONER DIRECTORATE OF
                                 I N D U S T R I E S 4TH FLOOR VINDHYACHAL
                                 BHAWAN BHOPAL (MADHYA PRADESH)

                           3.    M/S C NET INFRATECH PVT. LTD. BHOPAL E-5/4
                                 2ND FLOOR SHOPPING COMPLEX ARERA
                                 COLONY BHOPAL (MADHYA PRADESH)

                                                                                          .....RESPONDENTS
                           (BY SHRI RAHUL DIWAKAR - ADVOCATE FOR THE RESPONDENT NO.3)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                               ORDER

The only dispute involved in this case is that whether respondent No.1 could have after failure of the conciliation proceedings passed the impugned order directly without resorting to arbitration proceedings.

Signature Not Verified Signed by: ASHWANI PRAJAPATI Signing time: 12-10-2023 10:10:45

Shri Rahul Diwakar, learned counsel for the respondent No.3, submits that since there was an admission to the liability, therefore, impugned order has been passed, but it appears that the action of the respondent No.1 is contrary to the law laid down by Supreme Court in Jharkhand Urja Vikas Nigam Limited Vs. State of Rajasthan and others (2021 SCC OnLine SC 1257), and therefore, impugned order dated 16.05.2023 passed by respondents No. 1, being not in consonance with the judgment of Supreme Court in Jharkhand Urja Vikas Nigam Limited (supra) and without undertaking arbitration proceedings, no orders could have been passed by the respondent No.1.

Accordingly, impugned orders dated 16.05.2023 and order dated

27.01.2023 both are hereby set aside. Matter is remitted to the respondent No.1 to carry out arbitration proceedings and then pass award, in accordance with law. Let this exercise be concluded within 90 days of receipt of certified copy of this order. Parties are directed to appear before the respondent No.1 on 26.10.2023 at 3:00 P.M., for which no separate notice will be required.

In above terms, petition is allowed and disposed of.

(VIVEK AGARWAL) JUDGE A.Praj.

Signature Not Verified Signed by: ASHWANI PRAJAPATI Signing time: 12-10-2023 10:10:45