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2015 Supreme(HP) 784

TARLOK SINGH CHAUHAN
Lomash Pharmaceuticals through its sole Prop. Smt. Vandana Sharma – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the petitioner:Mr. Sanjeev Bhushan, Advocate.
For the respondents:Ms. Meenakshi Sharma, Mr. Rupinder Singh, Addl. Advocate Generals with Ms. Parul Negi, Dy. Advocate General, for respondents No. 1 and 2. Mr. Tara Singh Chauhan, Advocate, for respondent No.3.

JUDGMENT :

Tarlok Singh Chauhan, J.

By medium of this petition, the writ petition has claimed the following substantive reliefs:-

1. That a writ in the nature of certiorari may be issued and Annexure P-7 dated 29.10.2013 may kindly be quashed and set-aside.

2. That a writ in the nature of mandamus may be issued directing the respondents to revive the rate contracts of the petitioner for various medicines as entered into with the petitioner firm in the interest of law and justice.

2. The question which arises in the instant case is as to whether in the first instance the writ petition is entertainable or not. In this regard, it may be pertinent to mention here that the respondents have taken a preliminary objection regarding maintainability of the writ petition on the ground that there exists an arbitration clause contained in condition No. 40 of the tender document, and therefore, writ petition would not be maintainable.

3. This contention of the respondents that the High Court would not be competent to entertain the writ petition on account of the arbitration clause has been contested by the petitioner. It has been contended that merely because there exists an arbitration clause, it wou

























































































































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