Aparna Construction & Suppliers ... vs State Of U.P.& Another
2013 Latest Caselaw 6504 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 57263 of 2013
 

 
Petitioner :- Aparna Construction & Suppliers Thru Proprietor
 
Respondent :- State Of U.P.& Another
 
Counsel for Petitioner :- P.N.Tripathi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble V.K. Shukla,J.

Hon'ble Suneet Kumar,J.

Petitioner who is a contractor is complaining before this Court that as far as  she is concerned, the contract work in question has been got executed and inspite of the same, payment has not been made and to the contrary the contract in question itself has been cancelled.

This much has been accepted by the petitioner that under the terms and condition of the contract, there is a provision for getting disputes settled inter se by way of approaching  arbitrator.

Once such is the factual situation that for settling disputes arising out of contract, the parties have agreed for approaching the forum of arbitration, then it would be not at all appropriate to entertain the writ petition in question and not relegate the petitioner to the remedy as already agreed upon by the parties concerned i.e by way of approaching arbitrator.

The writ petition is dismissed accordingly.

Order Date :- 21.10.2013

IB