M/S A2Z Waste Management ... vs Construction And Design ...
2022 Latest Caselaw 2406 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 5
 
Case :- MATTERS UNDER ARTICLE 227 No. - 1424 of 2022
 
Petitioner :- M/S A2z Waste Management (Moradabad) Pvt. Ltd Thru. Authority Signatory Sri Naveen Agarwal
 
Respondent :- Construction And Design Services(C/Ds),U.P. Jal Nigam Thru. Director/Project Manager Lko. And Anr.
 
Counsel for Petitioner :- Suyash Gupta
 
Counsel for Respondent :- Rishabh Kapoor,Indu Prakash Singh,Santosh Srivastava
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

1. Heard Sri Suyesh Gupta, learned counsel for the petitioner, Sri Indu Prakash Singh, learned counsel for the respondent no.1 and Sri Pankaj Srivastava, learned counsel for the respondent no.2.

2. This petition has been filed praying for the following main direction:-

"(i) Issue a direction for expeditiously disposal of Misc. Case No.03 of 2021- Construction and Design Services (C&DS), Lucknow Vs. M/s A2Z Waste Management (Moradabad) Limited and another along with application under Section 34 of the Arbitration and Conciliation Act, 1996, pending in Commercial Court, Lucknow."

3. It has been submitted by Sri Pankaj Srivastava, learned counsel for the respondent no.2 that this is the second writ petition filed for the same cause of action. It has been further submitted that earlier the petitioner had filed a petition under Article 227 No. 17995 (M/S) of 2020: M/s A2Z Waste Management Pvt. Ltd. Through Naveen Agarwal Vs. Construction and Design Services (C&Ds), Jal Nigam, Lucknow and another, and this Court had been pleased to pass the order on 01.04.2022 dismissing the writ petition as withdrawn without giving any liberty to file a fresh petition.

4. This Court has perused the order dated 01.04.2022, which is being quoted hereinbelow:-

"After arguing the matter at some length learned counsel for the petitioner made a prayer to withdraw the petition as on being confronted by Shri I.P. Singh that complete facts have not been stated as the judgment has already been reserved on 14.3.2022 in the proceedings under Section - 34 of Arbitration and Conciliation Act, 1996 and the matter is now fixed for pronouncement of judgment on 08.4.2022.

Petition is accordingly dismissed as withdrawn."

5. It has been submitted by learned counsel for the petitioner that the said writ petition was dismissed due to wrong statement being made by the counsel for the respondent.

6. If that be so, the only remedy left before the petitioner is to file a review application for review of the judgment and order dated 01.04.2022. No litigant can be permitted to approach the court repeatedly for the same cause of action. This has been held by this Court in a Full Bench decision in Surya Deo Mishra Vs. State of U.P., 2006 (1) ADJ 467 (Alld FB)

7. This petition stands dismissed.

Order Date :- 9.5.2022

Rahul