M/S SOCIAL ENGINEERS PVT. LTD. Vs. STATE OF UTTARAKHAND AND ANOTHER
LAWS(UTN)-2012-3-81
HIGH COURT OF UTTARAKHAND
Decided on March 21,2012

M/S Social Engineers Pvt. Ltd. Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

Barin Ghosh, J. - (1.) A contract in writing, containing an arbitration agreement, it is claimed has been, wrongfully and contrary to the agreement, repudiated by the other contracting party, allegedly at the instance of a third party, namely, the State Government. With this contention, appellant approached the writ court. The learned Single Judge, having noticed that the appellant having had agreed to have all disputes, arising out of or touching the contract, resolved through arbitration, refused to entertain the writ petition. In the present appeal, it is being contended that even the basic norm provided in the contract for termination has not been followed, i.e. no prior notice was given, which is a stipulation in the contract itself.
(2.) WE feel that the dispute arising out of such non -performance was also agreed to be referred to arbitration. Appellant having had agreed that such disputes should also be sorted out through arbitration, it was absolutely just and proper on the part of the learned Single Judge in not exercising his discretion in entertaining the writ petition. For the reasons, as above, there is no scope of interference. The appeal fails and the same is dismissed. It is made clear that the appellant shall be entitled to take the matter before the Arbitrator(s) by invoking the arbitration agreement.;


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