Authority: Supreme Court of India (Civil Appellate Jurisdiction)
Order Date: 26 October 2026
Case Overview
- Petition for Special Leave to Appeal (C) No. 36951/2026 filed by Viva Highways Limited (appellant) against Madhya Pradesh Road Development Corporation Limited and another (respondents), arising from the High Court of Madhya Pradesh’s judgment dated 09‑10‑2026 in WP No. 38779/2026.
- The dispute centered on an application filed under Section 34 of the Arbitration and Conciliation Act, 1996 (MJC (AV) No. 56/2025) by the respondent, seeking to challenge a preliminary issue decided by an arbitrator as an interim award.
- The High Court had held that the preliminary issue was amenable to challenge under Section 34; the Supreme Court examined this view in light of paragraph 12 of the decision in MCM Worldwide Private Limited v. Construction Industry Development Council.
- Counsel for the petitioner included Mr. Sandeep Bajaj and others; counsel for the respondents included Mr. Tushar Mehta, Solicitor General, and others.
Final Outcome
- Leave to appeal was granted.
- The Court found no error in the High Court’s view and ordered that the Section 34 application filed by the respondent be restored to the file of the Commercial Court, Bhopal, Madhya Pradesh, for consideration on merits in accordance with law.
- The appeal was disposed of in these terms, and any pending applications were ordered to stand disposed.
- The order was signed by Justices Sanjay Kumar and Sanjeev Sachdeva and digitally signed by Babita Pandey, Court Master (NSH).
Topics: Arbitration, Supreme Court Order, Infrastructure Contracts