Hon'ble Ravi Nath Tilhari,J.
Heard learned counsel for the petitioner and the learned standing counsel for the State - respondents.
Learned counsel for the petitioner submits that the petitioner entered into a contract with the respondent no.3 for printing and supply of NCERT Books for Class 9th to 12th for the Academic Session for 2020 - 21 & 2021 - 22. The contract was entered on 03.03.2020.
Learned counsel for the petitioner further submits that due to Pandemic COVID -19 there remained no demand of NCERT books inasmuch as the educational institutions were ordered to be closed by the Government. Despite these facts, aggrieved with the actions of the respondents, the petitioners invoked Arbitration clause and by order dated 03.03.2021 in Arbitration & Conciliation Application under Section 11(4) No.13 of 2021 {M/S Kaka Sons Private LTD. (Educational Publishers) Vs. Madhyamic Shiksha Parishad U.P.} an Arbitrator has been appointed by the High Court. He submits that under thesecircumstances the petitioner has filed the present writ petition challenging various orders.
He further submits that in similar circumstances in the case of Ravi Offset Printers And Publishers Pvt. Ltd. Vs. Madhyamic Shiksha Parishadand 2 others in WRIT - C No. - 3366 of 2021, a Division Bench of this Court has passed an order dated 12.02.2021 as under :
"Heard learned counsel for the petitioner; learned Standing Counsel for respondents 1 to 3; and perused the record.
According to the petitioner, the petitioner had a contract with Madhyamik Shiksha Parishad, Prayagraj for supply of books for academic year 2020-2021.
The case of the petitioner is that on account of disruption due to Covid 19 pandemic there had been extreme shortage in printing and sale of books as there was no demand and, therefore, the contract stood frustrated. But, despite frustration of the said contract, the Madhyamik Shiksha Parishad has issued notices to recover Royalty, etc. To quash the notices this petition has been filed.
During the course of argument, Sri Ranjit Saxena, learned counsel for the petitioner, provided a copy of an order dated 3rd February, 2021, passed on the application of the petitioner under the Arbitration & Conciliation Act, 1996. From which it appears that there exists an arbitration clause in the agreement and pursuant to the said arbitration clause, by order dated 3rd February, 2021, an arbitrator has been appointed.
In view of the above, the petitioner may take recourse to the remedy under the Arbitration & Conciliation Act, 1996 either by filing an application before the Arbitral Tribunal under Section 17 of the Arbitration & Conciliation Act, 1996 or before the Court under Section 9 of the said Act.
As the petitioner has alternative remedy available to him, we decline to entertain this petition by leaving it open to the petitioner to take recourse to alternative remedies. With the aforesaid liberty, the petition stands disposed off."
Learned counsel for the petitioner submits that similar order may be passed in the present writ petition.
Learned standing counsel has no objection to the aforesaid request.
In view of the aforesaid and with the consent of learned counsels for the parties, this writ petition is disposed of on the same terms and conditions as contained in the aforequoted order dated 12.02.2021 in WRIT - C No. - 3366 of 2021.
Order Date :- 22.2.2021/vkg