State of Madhya Pradesh and Anr. v. M/S. Keti Construction

O R D E R 1. Delay condoned. Leave granted. 2. We have learned counsel for the parties and perused the record. 3. It is not disputed by learned counsel for the parties that in view of judgment of this Court in Madhya Pradesh Rural Road Development Authority and Anr. v. L.G. Chaudhary Engineers and Contractors , (2012) 3 SCC 495 which has overruled the judgment of this Court in Va Tech Escher Wyass Flovel Ltd. v. MPSE Board & Another , (2011) 13 SCC 261, the impugned order has to be set aside and the matter remanded to the High Court which may decide the dispute between the parties in the revision petition filed by the respondent in accordance with law. Ordered accordingly. Civil Revision NO.509 of 2005 is restored to its origin al number. 4. The appeal is disposed of. 5. The parties may appear before the High Court for fu rther proceedings on 9 th July, 2018. Kalpana K. Tripathy Appea l disposed of.