K.M. Josesph, C.J. (Oral)

Appellant is the writ petitioner. Appellant is a Company, which had taken a contract for collection of entry fee in the city of Nainital at two points. According to the appellant, during the continuance of the contract, certain disputes arose. In terms of the arbitration clause, the District Magistrate was appointed by Annexure No. 3 order. At the time when the writ petition was filed, it appears that there was no award. Appellant submitted Annexure No. 4 claim before the Arbitrator, which is alleged to be pending in the writ petition. While so, recovery proceedings were taken for an amount of ‘ 14,88,500/- together with recovery charges. Appellant moved an Application under Section 9 of the Arbitration and Conciliation Act, 1996 (Annexure No. 7). Objections were filed to the same and the same was rejected by Annexure No. 9 Order. Annexure No. 10 is the appeal carried before this court. The same was rejected by order dated 22.02.2011 (Annexure No. 11). Thereafter, appellant approached this Court by filing the writ petition seeking to quash the recovery notice dated 18.05.2010 and the letter dated 22.05.2010 of respondent No. 3 forwarding the sa