The bench held that an alternative remedy under Section 34 of the Arbitration Act exists, thus declining to interfere with the impugned order without examining the merit of the writ petition.
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Court No. - 21
Case :- WRIT - C No. - 16686 of 2019 Petitioner :- Balle And Another Respondent :- Government Of India And 10 Others Counsel for Petitioner :- Santosh Kumar Shukla,Amul Kumar Tyagi Counsel for Respondent :- A.S.G.I.,C.S.C.,Pranjal Mehrotra,Rajesh Kumar Jaiswal
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Rohit Ranjan Agarwal,J.
Petitioner has preferred this writ petition for issuance of a writ of certiorari to quash the order dated 22.09.2018 passed by respondent No.2.
Learned Standing Counsel has raised a preliminary objection that petitioner has an alternative remedy under Section 34 of the Arbitration Act against the arbitral award made under Section 3G(5).
We have heard Shri S.K. Shukla, learned counsel for petitioner, learned Standing Counsel and Shri Pawan Kumar Mishra, learned counsel for respondent No.2.
Taking into consideration the facts and circumstances of the case, we are of the view that the preliminary objection raised by learned Standing Counsel has force, the petitioner has an alternative remedy under Section 34 of the Arbitration Act.
Accordingly, without going into the issue raised in writ petition on merit, we decline to interfere in the matter on the aforesaid ground.
The writ petition is, accordingly, dismissed .
Leaving it open to the petitioner to take recourse to such remedy, which is available to him under law.
Order Date :- 28.5.2019 / A.N. Mishra
1 provisions across 1 enactments
Balle
Government Of India
Pradeep Kumar Singh Baghel
Rohit Ranjan Agarwal
As recorded by the court registry
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