NG JOHN POUMAI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) THESE writ petitions are before us in view of the reference made by the learned Single Judge while dealing with the writ petitions. The matter involves the claim of the Petitioners for payment of undisputed amounts involved in the bills submitted by the Petitioners on conclusion of the contractual works pursuant to various work orders issued by the Respondents to the Petitioners.

(2.) A Division Bench of this Court in State of Manipur v. Moirangthem Chaoba Singh,, 2006 (2) GLT 191 held that the writ petitions pertaining to undisputed security deposits and undisputed bills after successful completion of contract works are not maintainable having regard to the Arbitration Clause in the contract. It was held that the parties are not entitled to have recourse to any remedy except arbitration.

(3.) IT appears that the aforesaid decision in Moirangthem Chaoba Singh (supra) was carried on appeal before the Apex Court by way of Special Leave of Appeal (Civil) No. (S) 6203/06 and the same was disposed of by order dated 8.1.2007 without deciding the question of law involved and the same was left open. The order was so passed when it was brought to the notice of the Apex Court that the amount involved had already been refunded. In that view of the matter, the special leave petition was held to have become infructuous.