Existence Of Arbitration Clause Does Not Debar Court From Entertaining A Writ Petition In Contractual Matter: Supreme Court

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Existence Of Arbitration Clause Does Not Debar Court From Entertaining A Writ Petition In Contractual Matter

Case: Uttar Pradesh Power Transmission Corporation Ltd. Vs. CG Power And Industrial Solutions Limited

Coram: Justices Uday Umesh Lalit and Indira Banerjee

Case No: [SLP(C) 8630 OF 2020]

Court Observation: “…In any case, the existence of an arbitration clause does not debar the court from entertaining a writ petition.

It is well settled that the availability of an alternative remedy does not prohibit the High Court from entertaining a writ petition in an appropriate case. The High Court may entertain a writ petition, notwithstanding the availability of an alternative remedy, particularly (1) where the writ petition seeks enforcement of a fundamental right; (ii) where there is the failure of principles of natural justice or (iii) where the impugned orders or proceedings are wholly without jurisdiction or (iv) the vires of an Act is under challenge.”

“However, the writ jurisdiction under Article 226, being discretionary, the High Courts usually refrain from entertaining a writ petition which involves adjudication of disputed questions of fact which may require analysis of the evidence of witnesses. Monetary relief can also be granted in a writ petition”

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