M/S Asha Construction vs The State Of Madhya Pradesh
2024 Latest Caselaw 16076 MP

Madhya Pradesh High Court

M/S Asha Construction vs The State Of Madhya Pradesh on 29 May, 2024

                                    1
            IN THE HIGH COURT OF MADHYA PRADESH
                         AT JABALPUR
                            WP No. 13959 of 2024
         (M/S ASHA CONSTRUCTION Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Dated : 29-05-2024
      Shri Shekhar Sharma - Advocate for the petitioner.

      Shri Anubhav Jain - Government Advocate for the respondents.

Issue notice to the respondents on payment of P.F. within three working days, failing which this petition shall stand dismissed without further reference to the Court.

The short grievance of the petitioner is that during pendency of dispute before the appellate authority under the in-house remedy provided in the agreement, recovery is being made vide Annexure P-5 dated 21.02.2023.

Learned counsel for petitioner relying upon the judgment of the Hon'ble Supreme Court in the case of Tulsi Narayan Garg Vs. The M.P. Road Development Authority, Bhopal and others passed in Civil Appeal Nos. 6726-6729 of 2019 dated 30.08.2019 contends that so long as dispute raised is not adjudicated by the authority agreed to between parties in the agreement or before the tribunal, no recovery can take place.

It is seen from the record that impugned order is dated 21.03.2023 is more than one year and three months old. Para 5.8 of the petition reveals that initially part recovery was made and later respondents have recovered the entire amount from other ongoing contract agreement of the petitioner.

Be that as it may, whatever recovery has been made shall remain subject to the final outcome of this petition and in case some recovery is yet to be made then the same shall not be made till next date of hearing.

List the matter in the week commencing 15.07.2024.

                                        (SHEEL NAGU)           (AMAR NATH (KESHARWANI))
                                    ACTING CHIEF JUSTICE                JUDGE
                            MSP




Date: 2024.05.30 14:02:53 +05'30'