Court No. - 32
Case :- WRIT - C No. - 59301 of 2012 Petitioner :- M/S V.K. Enterprises Thru. Vivek Kumar Srivastava Respondent :- State Of U.P. And Others Counsel for Petitioner :- Ranjit Saxena,B.B.P. Srivastava,Deepak Saxena Counsel for Respondent :- C.S.C.,Mahboob Ahmad
Hon'ble Shashi Kant Gupta,J. Hon'ble Ajit Kumar,J.
By means of present writ petition, the petitioner has sought following reliefs:
" to issue a writ order or direction in the nature of mandamus directing the respondents to accept all the electrical items finally purchased by the Superintending Engineer, Electricity Distribution Circle, Mau on behalf of the Purvanchal Vidyut Vitran Nigam Ltd. after the approval of the Managing director Purvanchal vidyut Vitran Nigam Ltd. purchase order No. 8077 dated 24.10.2011, 8076 dated 24.10.2011 (Annexure No. 1 & 2 of the writ petition) and also purchase order No. 8735 and purchase Order No. 8736 dated 27.12.2011 issued by the Chief Engineer Distribution, Purvanchal Vidyut Vitran Nigam Ltd. Azamgarh Region, Azamgarh after the approval of the equator team of the Purvanchal Vidyut Vitran Nigam Ltd. Varanasi (Annexure No. 3 and 4 of the writ petition) and to make the payment of the purchase order in full alongwith interest of 18 % for delay."
Learned counsel for the respondent at the very outset has stated that the petitioner has a remedy to approach the appropriate forum i.e. arbitration as per terms and condition contained in clause 32 as mentioned in Form B annexed in counter affidavit for redressal of his grievances.
In view of above, writ petition is dismissed on the ground of alternative remedy.
Order Date :- 30.7.2018 Sanjeev