MAA BHAGWATI CONSTRUCTION Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This writ appeal is directed against the order dated 11/8/2021 passed by the learned Single Judge in WP(C) No.3320 of 2020, whereby the learned Single Judge has dismissed the writ petition filed by the writ appellant herein reserving liberty in favour of the writ appellant to seek the remedy before the arbitration tribunal, which has been sought to be challenged in this writ appeal.

(2.) Mr.Kishore Bhaduri, learned Senior Counsel with Mr.Anand Dadariya, learned counsel appearing for the writ appellant, would submit that the learned Single Judge is absolutely unjustified in dismissing the writ petition filed by the writ appellant in view of arbitration clause 28 of the agreement asking him to avail the remedy before the arbitration tribunal and in view of decisions of the Supreme Court in the matters of Unitech Limited and others v. Telangana State Industrial Infrastructure Corporation (TSIIC) and others, 2021 SCC Online SC 99 and Radha Krishan Industries v. State of Himachal Pradesh and Ors., (2021) 6 SCC 771, it can be held that despite the availability of alternative remedy, the writ petition would be maintainable, as such, the impugned judgment passed by the learned Single Judge deserves to be set aside.

(3.) On the other hand, Mr.Sunil Otwani, learned Additional Advocate General for the respondents/State, would submit that the learned Single Judge is absolutely justified in dismissing the writ petition filed by the writ appellant on the ground of availability of the remedy before the arbitration tribunal under the Chhattisgarh Madhyastham Adhikaran Adhiniyam, 1983 (hereinafter called as 'Act of 1983').