Disposed

M/S Sbj Projects Private Ltd. v. Power Grid Corporation of India and Another

Allahabad HC9 Sept 2020WRIC/13628/2020

Case brief

AI extract

What is this about?

This court dismissed a writ petition challenging the termination of a service contract. Instead of ruling on merits or barring the petition due to an arbitration clause, the court reserved petitioner's rights and directed them to file the arbitration papers to ensure speedy adjudication.

What did the court decide?

Petitioner directed to file arbitration papers; if invoked, Arbitrator to decide matter on merits within stipulated period to prevent irreparable loss.

M/S Sbj Projects Private Ltd. Vs Power Grid… — Service and Employment | Allahabad HC (2020)

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Court No. - 32

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Case :- WRIT - C No. - 13628 of 2020

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Petitioner :- M/S Sbj Projects Private Ltd Respondent :- Power Grid Corporation Of India And Another Counsel for Petitioner :- Siddharth Niranjan,Sr. Advocate Dharampal Singh

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Counsel for Respondent :- Pratik J. Nagar

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Hon'ble Shashi Kant Gupta,J. Hon'ble Piyush Agrawal,J.

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Heard Sri Dharampal Singh, learned senior Advocate assisted by Sri Siddharth Niranjan, learned counsel for the petitioner and Sri Pratik J. Nagar for the respondents.

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By means of this writ petition, the petitioner is assailing the validity of impugned termination/cancellation order dated 30.06.2020 passed by respondent no. 1. The petitioner has further prayed for a mandamus commanding the respondents to extend the period of contract dated 03.10.2018 till at least 31.12.2020 so that the petitioner may complete the construction work as provided in the contract deed dated 03.10.2018.

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At the very outset Sri Pratik J. Nagar, learned counsel appearing for the respondents raised preliminary objection regarding the maintainability of the writ petition on the ground that as per agreement, there is an arbitration clause in case there is any dispute regarding the agreement. He has also placed the original agreement copy entered between the parties and as such the writ petition is likely to be dismissed on the ground of efficacious remedy.

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Confronted with this situation, Sri Dharampal Singh, learned Senior Advocate submits that in case the matter is relegated to the Arbitrator, then definitely the petitioner would invoke the arbitration clause but at the same time positive direction may also be issued to dispose of the said arbitration proceeding within stipulated period, otherwise, the petitioner would suffer irreparable loss and injury.

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In the facts and circumstances of the case, without commenting on the merits of the case, the writ petition is disposed of with a direction to the petitioner that in case any such arbitration clause is being invoked then definitely, the Arbitrator would proceed and decide the matter on merits of the case.

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The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by the petitioner (s) alongwith a self attested

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identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 9.9.2020 Amit Mishra

M/S Sbj Projects Private Ltd. v. Power Grid Corporation of India and Another

Case brief

What is this about?

What did the court decide?

M/S Sbj Projects Private Ltd. v. Power Grid Corporation of India and Another

Case brief

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What the court decided

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