Anand Nursing Home vs State Of U.P. And 4 Others
2023 Latest Caselaw 6639 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- WRIT - C No. - 615 of 2020
 

 
Petitioner :- Anand Nursing Home
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Anand Kumar Singh
 
Counsel for Respondent :- C.S.C.,Arvind Kumar Singh
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Syed Qamar Hasan Rizvi,J.

Heard Sri Anand Kumar Singh, learned counsel for the petitioner, Sri Piyush Shukla, learned Standing Counsel for the State-respondent and Sri Arvind Kumar Singh, learned counsel for respondent no.2.

Sri Arvind Kumar Singh, learned counsel for respondent no.2 has raised a preliminary objection regarding the maintainability of the writ petition and has placed reliance on the Co-odinate Bench judgment passed in Writ-C No. 29501 of 2017 (Lucknow Eye Hospital through Director Dr. Swati Agarwal Vs. Union Of India through Secretary, Ministry of Health and Family Welfare and Ors.). He submits that there is a non statutory contract which has an arbitration clause which had been signed by the petitioner with open eyes, therefore, the efficacious remedy is available under law to the petitioner and the instant writ petition is liable to be dismissed.

Confronted with the situation, learned counsel for the petitioner states that some brief time may be accorded so that he could study the matter, thereafter, he may assist the Court.

List this matter on 16.03.2023.

Order Date :- 1.3.2023

Abhishek Gupta