Court No. - 3
Case :- WRIT - C No. - 14304 of 2021 Petitioner :- Krishana Pal Gupta And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Naresh Chandra Tripahti,Suchita Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Naheed Ara Moonis,J. Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the petitioners and the learned Standing Counsel for the respondents.
The instant petition has been filed with the following relief:
"(i) Issue a writ order or direction in the nature of Certiorari, for quashing the recovery certificate dated 01.07.2020 (Annexure No. 17), sent by District Food Marketing Officer, District Badaun respondent no. 4 and the consequential writ/letter of demand dated 20.11.2020 (Annexure No. issued by the Tehsildar, Tehsil Dataganj, District Badaun- respondent no. 6, for recovery of Rs. 71,97,908/- with other charges. 18);
(ii) Issue a writ order or direction in the nature of Mandamus, directing the respondents not to proceed for recovery of Rs. 71,97,908/- with other charges against the petitioners on the basis of recovery certificate dated 01.07.2020, sent by respondent no. 4 to the office of Badaun."
Undisputedly, there exists a written agreement between the parties containing arbitration clause being clause 12 of the agreement dated 14.12.2016. The petitioner no.1 also claims to have sent a letter to the Commissioner requesting him for appointment of arbitrator. It is the case of the petitioners that no such arbitrator has been appointed.
In view of such facts, we are of the view that the petition is misconceived as there is remedy available to the petitioners to seek appointment of arbitrator in terms of the Arbitration and Conciliation Act, 1996 The petition is accordingly, dismissed on the ground of alternative remedy.
Order Date :- 27.7.2021 M. Tariq