M/S Allied Builders And ... vs Union Of India And Others
2021 Latest Caselaw 1006 j&K/2

                                                                       Sr. No.38

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                   AT SRINAGAR

CJ Court

                             LPA No.102/2021

M/s Allied Builders and Engineering              ...Petitioner(s)/Appellants.
Through:    Mr. Sheikh Manzoor Ahmad, Advocate.
                                     Vs.
Union of India and others.                                 ....Respondent(s)
Through:    Mr. T. M. Shamsi, ASGI.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                                 ORDER

02.09.2021

Heard learned counsel for the parties.

The appellant has challenged the judgment and order dated 17.05.2021 passed by the Writ Court dismissing his writ petition on the ground that the appellant has a remedy of arbitration and that the dispute raised therein involves disputed questions of fact which cannot be adjudicated in exercise of extra ordinary jurisdiction.

The submission of learned counsel for the appellant is that the impugned order is based on incorrect facts.

The petitioner was awarded several contracts and in respect of only one of them, the arbitration is pending. However, on account of the said dispute, the admitted amount of the petitioner in another contract has not been released which is totally independent and is not based upon the other contract.

Mr. Shamsi, on the other hand, submits that non release of the amount may be on account of some dispute or even if it is on account of pendency of arbitration in respect of another contract, it is justifiable. In fact it gives rise to another dispute which is also referable to arbitration.

Be as it may be, as the dispute pending before the arbitrator is in respect of another contract, it has to be examined whether the amount claimed by the petitioner in the writ petition is an admitted amount or whether it can be withheld on account of dispute with respect to another contract.

In view of the above, we direct Mr. Shamsi, learned counsel appearing for the respondents, to seek instructions and to file necessary response within a period of six weeks.

List on 8th November, 2021.

                                               (SANJAY DHAR)               (PANKAJ MITHAL)
                                                     JUDGE                 CHIEF JUSTICE
                      Srinagar
                      02.09.2021
                      Abdul Qayoom, PS




ABDUL QAYOOM LONE
2021.09.03 10:23
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