ABDUL VAHID Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of filing instant instant writ petition under Article 226 of the Constitution of India, the petitioner has prayed to issue direction to the respondents to refund the security amount with interest to him which he deposited.

(2.) Counsel for the petitioner submits that a tender notice dtd. 5/4/2016 was issued by the respondent for cycle, motor- cycle stand at Kota Junction and after due process, the tender of the petitioner was accepted and he started the work of cycle stand from 1/8/2016. Counsel submits that the licence agreement for the same was executed on 20/6/2017 on certain terms and conditions. After expiry of period of 12 months, the petitioner submitted an application on 21/7/2017 before the respondent No.2 for termination of the licence issued to him w.e.f. the Month of September 2017 on the ground that he is suffering a great loss due to imposition of GST. Counsel submits that the petitioner deposited Rs.41,51,804.00 as a security amount which may be refunded to him along-with the interest.

(3.) In the reply to the writ petition it has been averred by the respondents that there is an Arbitration Clause in the agreement, therefore, the writ petition filed by the petitioner is not maintainable and the petitioner should have proceeded for arbitration proceedings. Counsel submits that the petitioner is under an obligation to pay the tax enforced by law, if any, as per Condition No.14 of the notice inviting tender.