Petitioner sought quashing of shop operating contract cancellation by Uttar Pradesh Road Transport Corporation. Court dismissed petition noting arbitration clause in contract barred judicial interference.
Petition dismissed based on the existence of an arbitration clause in the contract.
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Court No. - 39
Case :- WRIT - C No. - 18558 of 2018 Petitioner :- Nirved Shukla (Parag Booth Thekedar) Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajeev Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Dilip Gupta,J. Hon'ble Neeraj Tiwari,J.
This petition has been filed for quashing the order dated 18 April 2018 passed by the Regional Manager of the Uttar Pradesh States Road Transport Corporation Kanpur, Region Kanpur1 .
It transpires that a contract for operating a shop at the bus station was granted to the petitioner but with a restriction that the petitioner shall only sell dairy products of Parag Company. According to the respondents, the petitioner caused a breach of the terms and conditions of the contract by selling materials not mentioned in the contract and, therefore, the contract was cancelled.
Though number of submissions have been made by learned counsel for the petitioner to assail the order but Sri M.M. Sahai, learned counsel appearing for the Corporation points out that there is an arbitration clause in the contract and, therefore, the Court should decline to entertain this petition.
In this view of the matter when there is a provision for arbitration in the agreement, we do not consider it appropriate to interfere with the order passed by Regional Manager.
The writ petition is, accordingly, dismissed.
Order Date :- 23.5.2018 Sartaj
(Dilip Gupta,J.)
(Neeraj Tiwari,J.)
1 The Corporation
1 provisions across 1 enactments
Nirved Shukla
State Of U.P.
2 Others
Dilip Gupta
Neeraj Tiwari
As recorded by the court registry
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