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2025 Supreme(Online)(Chh) 7055
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ, Ravindra Kumar Agrawal, J
M/s Tirupati Buildcon Pvt. Ltd. – Appellant
Versus
State Of Chhattisgarh – Respondent
WPC No. 781 of 2020 | WPC No. 782 of 2020 | WPC No. 2118 of 2021
Important Points
Subject
Public Law - Constitutional Law
Act Referred
Arbitration and Conciliation Act: S.1996
Headnote
(B) Writ Jurisdiction - Dismissal on grounds of defective prayer - Petitioners allowed to file afresh with appropriate prayers after depositing costs. (Paras 6)
For the Appellants/Petitioners: Mr.J.K.Gilda, Mr.Harsh Wardhan
For the Respondents: Mr.Shashank Thakur
| Table of Content |
|---|
| 1. procedural fairness in legal petitions. (Para 1 , 2) |
| 2. defective prayers can result in dismissal. (Para 5) |
| 3. permission to refile petitions with proper adjustments. (Para 6) |
Per Ramesh Sinha, Chief Justice
30.06.2025
1. Heard Mr.J.K.Gilda, learned Senior Advocate assisted by Mr.Harsh Wardhan, learned counsel for the petitioners as well as Mr.Shashank Thakur, learned Deputy Advocate General appearing for the respondents/State.
2. Petitioner Ms Tirupati Buildcon Pvt. Ltd filed the writ petition with following reliefs:-
“10.1 This Hon'ble Court may kindly be pleased to issue an appropriate Writ or Order or direction thereby calling for the records in respect of the grievance of the petitioner.
10.2 That, this Hon'ble Court may kindly be pleased to declare the Madhyastham Adhikaran Adhiniyam , 1983 (ANNEXURE-P/6) to be ultra vires to the Constitution of India.
10.3 That, this Hon'ble Court may kindly be pleased to declare clause 28 of the agreement as contained in ANNEXURE - P/2 to be ultra vires to the Constitution of India.
10.4 That, this Hon'ble Court may kindly be pleased to adjudicate and declare that the petitioner herein has the liberty to resort to arbitration under the Arbitration and Conciliation Act , 1996 for
10.5 That, the Hon'ble Court may be pleased to grant any other relief which the Hon'ble Court deems fit and proper in the facts and circumstances of the present case.
10.6 That, the Hon'ble Court in the facts and circumstances of the present case may further be pleased to grant cost of the petition to the petitioner.”
3. Petitioner Ms Tirupati Buildcon Pvt. Ltd. filed the writ petition with following reliefs:-
“10.1 This Hon'ble Court may kindly be pleased to issue an appropriate Writ or Order or direction thereby calling for the records in respect of the grievance of the petitioner.
10.2 That, this Hon'ble Court may kindly be pleased to declare the Madhyastham Adhikaran Adhiniyam , 1983 (ANNEXURE-P/6) to be ultra vires to the Constitution of India.
10.3 That, this Hon'ble Court may kindly be pleased to declare clause 28 of the agreement as contained in ANNEXURE - P/2 to be ultra vires to the Constitution of India.
10.4 That, this Hon'ble Court may kindly be pleased to adjudicate and declare that the petitioner herein has the liberty to resort to arbitration under the Arbitration and Conciliation Act , 1996 for
10.5 That, the Hon'ble Court may be pleased to grant any other relief which the Hon'ble Court deems fit and proper in the facts and circumstances of the present case.
10.6 That, the Hon'ble Court in the facts and circumstances of the present case may further be pleased to grant cost of the petition to the petitioner.”
4. Petitioner M/s Gordhandas Gobindram Engineers And Contractors filed writ petition with following reliefs:-
“10.1 This Hon'ble Court may kindly be pleased to issue an appropriate Writ or Order or direction thereby calling for the records in respect of the grievance of the petitioner.
10.2 That, this Hon'ble Court may kindly be pleased to declare the Madhyastham Adhikaran Adhiniyam , 1983 (ANNEXURE-P/5) to be ultra vires to the Constitution of India.
10.3 That, this Hon'ble Court may kindly be pleased to declare clause 1.17 of the agreement as contained in ANNEXURE - P/3 to be ultra vires to the Constitution of India.
10.4 That, this Hon'ble Court may kindly be pleased to adjudicate and declare that the petitioner herein has the liberty to resort to arbitration under the Arbitration and Conciliation Act , 1996 for settlement of disputes.
10.5 That, the Hon'ble Court may be pleased to grant any other relief which the Hon'ble Court deems fit and proper in the facts and circumstances of the present case.
10.6 That, the Hon'ble Court in the facts and circumstances of the present case may further be pleased to grant cost of the petition to the petitioner.”
5. From perusal of the prayers and pleadings made in the instant writ petitions, it transpires that the petitioners have prayed for declaratio
