RAMESH RANGANATHAN, ALOK SINGH
Bharat Construction – Appellant
Versus
State of Uttarakhand – Respondent
RAMESH RANGANATHAN, J.
1. This application (M.C.C. No.1654/2019) is filed seeking review of the order passed by us in Special Appeal No.945 of 2018 dated 28.11.2018.
2. The applicants herein are the appellants in Special Appeal No.945 of 2018 which was preferred against the order passed by learned Single Judge in Writ Petition (M/S) No.3116 of 2018 dated 12.10.2018 relegating the appellants to the remedy of arbitration. The appellant had contended before the Division Bench that the arbitration clause of the agreement could only be invoked, if there is a dispute; despite the liability not being in dispute the respondent officials were not paying the amount due; and the remedy of arbitration was therefore not available.
3. We had, relying on several judgments of the Supreme Court, held that while the jurisdiction of this Court, even to entertain non-statutory contractual disputes, was not barred, it would, ordinarily, refrain from exercising its extra-ordinary powers under Article 226 of the Constitution to entertain writ petitions involving disputes in the contractual realm, as these matters are more suited for adjudication either before an Arbitrator (if the agreement co
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