M/S Nkc Construction Pvt. Ltd vs State Of Punjab And Others
2024 Latest Caselaw 18842 P&H

Punjab-Haryana High Court

M/S Nkc Construction Pvt. Ltd vs State Of Punjab And Others on 24 October, 2024

                                    Neutral Citation No:=2024:PHHC:139691

CWP-28909-2024 (O&M).                                               -1-




           IN THE PUNJAB AND HARYANA HIGH COURT AT
                          CHANDIGARH.

127

                                            CWP-28909-2024 (O&M).
                                            Date of Decision: 24.10.2024.



M/S NKC CONSTRUCTIONS PVT. LTD.
                                                              ... Petitioner(s)


                          Versus


STATE OF PUNJAB AND OTHERS

                                                              ... Respondent(s)

CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ.

Present:     Mr. Rohan Markanda, Advocate,
             for the petitioner.

VINOD S. BHARDWAJ, J )ORAL).

The present petition has been filed by the petitioner for seeking

issuance of directions to the respondents to release the admitted payment.

2 On being confronted that the petitioner has earlier also

approached this Court consequent whereupon, Hon'ble Mr. Justice Rajan

Gupta (Retd.), has already been appointed as an Arbitrator to adjudicate the

claims, counsel for the petitioner submits that some of the payments had been

admitted by the respondents and that he would not press for the said claims in

1 of 2

Neutral Citation No:=2024:PHHC:139691

CWP-28909-2024 (O&M). -2-

the pending arbitration proceedings and that the same should be segregated

and a direction in this regard may be issued.

3 Learned counsel appearing for the petitioner places reliance on

the judgment of the Hon'ble Supreme Court in the matter of Unitech Limited

and others Vs. Telangana State Industrial Infrastructure Corporation

(TSIIC) and others, reported as (2021) 16 SCC 35, to contend that a writ

petition is maintainable against the state instrumentalities as defined under

Article 12 of the Constitution of India. Notwithstanding the ratio laid down by

the Hon'ble Supreme Court in the aforesaid judgment with respect to the

maintainability of the writ petition, the core question which comes before this

Court is not in relation to the maintainability or enforcement of a contractual

obligation but on account of the fact that the petitioner has already taken a

recourse to an arbitration proceeding which are still pending. Once the

petitioner has taken all these pleas, it would not be appropriate for this Court to

segregate some part of the relief which has originally already be raised in the

pending arbitration proceedings and thereafter to pass separate orders.

4 The present petition is accordingly dismissed. The petitioner may,

if so advised, take recourse to his remedies before the arbitrator.

October 24, 2024.                 (VINOD S. BHARDWAJ)
raj arora                                 JUDGE
           Whether speaking/reasoned  : Yes/No
           Whether reportable         : Yes/No




                                    2 of 2