KEDAR MAHARAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) Feeling aggrieved by the judgment and order dated 12th January 2012 passed by the learned single Judge in above CWJC No. 13707 of 2005, the writ petitioners have preferred this Appeal under Clause 10 of the Letters Patent.

(2.) Admittedly, the petitioners had preferred CWJC No. 13107 of 2002 in the same subject matter. The said writ petition was withdrawn on 23rd July 2003 unconditionally. Besides, the matter arises from contract of lease entered into by the parties. Under the said contract, the parties have agreed for arbitration in case of any dispute.

(3.) Learned advocate Mr. Birju Prasad has appeared for the appellants.' He has submitted that as the constitutional remedy is available to the appellants, the appellants are entitled to the relief under Article 226 of the Constitution.