Court No. - 32
Case :- WRIT - C No. - 42334 of 2019 Petitioner :- Dilip Kumar Gupta Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Sanjay Agrawal,Pawan Kumar Counsel for Respondent :- C.S.C.,Alpana Dwivedi,Ashok Kumar Pandey
Hon'ble Shashi Kant Gupta,J. Hon'ble Shamim Ahmed,J.
This writ petition has been filed, inter alia, for the following relief;
"(a) Issue a writ, order or direction in the nature of mandamus directing the respondents not to take any coercive steps in pursuance of attachment order dated 15.11.2019 till respondents decide the dispute by way of arbitration in pursuance of representation dated 27.09.2019."
Heard Sri learned counsel for the petitioner, Ms. Alpana Dwivedi, learned counsel for the Respondent No. 5 and perused the record.
Learned counsel for the petitioner stated that the respondents are pressing for recovery.
Ms. Alpana Dwivedi, learned counsel for the Respondent No. 5, stated that since the petitioner after invoking the arbitration clause of the agreement has filed an application under Section 11 of The Arbitration and Conciliation, Act, 1996 before this Court, the writ petition is not maintainable.
In view of the above, we do not see any justification to interfere in the matter. The writ petition is, accordingly, dismissed. However, it is open for petitioner to seek appropriate remedy before the appropriate forum in accordance with law.
Order Date :- 19.12.2019 vinay