Girish Gupta vs Himachal Pradesh
2021 Latest Caselaw 4954 HP

       IN   THE    HIGH   COURT OF   HIMACHAL            PRADESH,
                              SHIMLA




                                                        .
                  ON THE 7th DAY OF OCTOBER, 2021





                             BEFORE
               HON'BLE MR. JUSTICE AJAY MOHAN GOEL





                CIVIL WRIT PETITION NO.1552 OF 2019

    Between:





    GIRISH GUPTA, S/O LATE
    SH.J.D. GUPTA, RESIDENT OF
    BLOCK NO.D AMAR VIHAR,
    TUTI     KANDI,   DISTRICT
    SHIMLA (HP)


                                                      ....PETITIONER.

    (BY. MS. NARVADA, ADVOCATE )

    AND



    1.  HIMACHAL   PRADESH
    HOUSING    &     URBAN




    DEVELOPMENT AUTHORITY,
    NIGAM VIHAR SHIMLA-2,





    THROUGH    ITS   CHIEF
    EXECUTIVE OFFICER CUM
    SECRETARY.





    2.        SUPERINTENDING
    ENGINEER (S), HMACHAL
    URBAN       DEVELOPMENT
    AUTHORITY       KUSUMPTI
    SHIMLA-9.

    3. EXECUTIVE ENGINEER,
    HIMACHAL          URBAN
    DEVELOPMENT AUTHORITY,
    DIVISION NO.2, KUSUMPTI,
    SHIMLA-9.




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                                           2


                                                             ....RESPONDENTS.


    (BY. MR. AMIT SINGH CHANDEL, ADVOCATE )




                                                                   .

    Whether approved for reporting?1No

         This Petition coming on for orders this day, the Court passed the following:





                                  JUDGMENT

CMP No.10363 of 2021

Having heard learned counsel for the applicant and

after perusing the personal affidavit filed by learned Counsel

representing the applicant, this application is disposed by

recalling order dated 09.10.2020, vide which the petition was

dismissed in default. Registry is directed to restore the petition in

its original number, as prayed for by learned counsel for the

parties.

CWP No.1552 of 2019

Heard. Learned counsel for the respondents has taken

the preliminary objection with regard to maintainability of the

petition on the ground that the disputes raised by way of this

petition are arising out of a contract entered into between the

petitioner and respondent-authority, qua settlement of which

there is an Arbitration Clause in the same.

2. Learned counsel for the petitioner submits that the

petitioner be permitted to withdraw this petition, but with liberty

to invoke the Arbitration Clause.

.

3. Petition is permitted to be withdrawn, with liberty, as prayed

for. Pending miscellaneous applications, if any, stand disposed of.

    October 07, 2021                            (Ajay Mohan Goel)
        (rishi)                                         Judge




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