A contractor challenged penalty of Rs.14,73,036, confiscation of EMD and FDR, and termination arising from a work order. The court held that Clause 28 of the agreement provided arbitration for disputes, so the writ petition was not maintainable and was dismissed.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 2172 of 2024
Vikrant Carrier “B” Class Contractor, House No. 57 ([k) C Street No. 6, Word No. 23, District Durg Chhattisgarh. Through Proprietor Vikrant Singh S/o Late Ranvijay Bahadur Singh, Aged About 33 Years, R/o Station Road Malviya Nagar, Durg, District Durg Chhattisgarh.
---- Petitioner
Versus
---- Respondents
For Petitioner : Ms. Chetna Sharma, Advocate For Respondent No.1 : Mr. Pranjal Agrawal, Advocate
S.B.: Hon'ble Shri Parth Prateem Sahu, Judge
Order On Board
19/07/2024
“ 10.1. That this Hon’ble Court may kindly be pleased to direct the respondent corporation to provide the copy of the agreement dated 26.02.2021 entered between the petitioner and respondent.
10.2. That this Hon’ble Court be pleased to set
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aside the impugned order dated 08.07.2022 (Annexure P-1) and notice dated 29.11.2023 (Annexure P-2) by which the respondent corporation has imposed penalty of Rs.14,73,036 on the petitioner. Also confiscated the EMD fo Rs.135000/- and FDR of Rs.39472/
10.3. That, this Hon’ble Court may kindly be pleased to direct the respondent authorities to allow the petitioner to continue with the work order dated 04.03.2021 (Annexure P-3).
10.4. Any other relief which this Hon’ble Court deems fit and proper may be passed. ”
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only along with reply to writ petition. Hence, respondents be directed to initiate the entire proceeding afresh.
Sd/-/-/- (Parth Prateem Sahu) Judge
Praveen
1 issue framed by the court
Whether a writ petition challenging penalty and contract termination is maintainable when the agreement's Clause 28 provides an arbitration remedy for contractual disputes.
Vikrant Carrier "B" Class Contractor (through Proprietor Vikrant Singh)
Chhattisgarh Police Housing Corporation Limited
Chief Project Engineer, Chhattisgarh Police Housing Corporation Limited
Executive Engineer, Chhattisgarh Police Housing Corporation Limited
Parth Prateem Sahu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
