LAWS(MPH)-2011-10-20

STATE OF M P Vs. DEWAS UDYOG INDORE

Decided On October 24, 2011
STATE OF M.P. Appellant
V/S
M/S. DEWAS UDYOG, INDORE Respondents

JUDGEMENT

(1.) THIS order shall govern disposal of Arbitration Appeal No. 25/2010, Arbitration Appeal No. 26/2010, Writ Petition No. 12075/2010 and Writ Petition No. 12172/2010.

(2.) THE appeals under Section 37 of the Arbitration and Conciliation Act, 1996 (for brevity, 'the Act 1996') are directed against the order dated 30-7-2010 passed by District Judge, Neemuch in Arbitration Case No. 1/2010 by which the learned District Judge has dismissed the applications filed by the appellants under Section 34 of the Act, 1996 for setting aside arbitral award dated 19-1-2010 passed by arbitrator Shri P.C. Agrawal, a former Judge of this Court and Senior Advocate of Supreme Court of India.

(3.) THE Union of India promoted the lift irrigation scheme by the name of "Swarna Jayanti Gram Swaraj Yojana" (for short, 'scheme') in respect of (i) Deori Somia and Barkheda Villages, and (ii) Khan Khedi Village. THE Zila Panchayat, Neemuch was entrusted with the job of implementation of the projects in question by the State Government as well as by the Central Government. Two separate agreements were executed, first on 17-5-2000 (for Khan Khedi Village Project) and second on 15-11-2002 (for Deori Somia and Barkheda Village Project) under the said "Swarna Jayanti Gram Swaraj Yojana" between Zila Panchayat and first respondent M/s Dewas Udyog.