- (1.) IN this writ application, the petitioner has prayed for quashing the order dated 24th November, 2006 issued under the signature of AGM (Marke - ting), Bharat Sanchar Nigam Limited, Jharkhand Circle, Ranchi, whereby the franchisee given to the petitioner has been temporarily suspended on the ground that the petitioner -company has committed irregularities contravening Clauses 26.1, 26.2 and 26.15 of the bid document.
(2.) ADMITTEDLY , there was a concluded terms between the parties by virtue of the franchiseeship agreement dated 24th October, 2005. Clause 30 of the said agreement provides for resolution of dispute/ arbitration. According to the said term, any question, dispute or differences arising out of or in connection with the agreement or breach, termination or validity thereof, shall be first endeavoured to be settled through bipartite discussion or negotiations between the parties. If the dispute cannot be amicably settled either party may proceed for arbitration in accordance with the provision of Arbitration and Conciliation Act, 1996. In the impugned order dated 24th November, 2006 (Annexure - 8), on the one hand, BSNL has alleged that there was a contravention of Clauses 26.1.26.2 and 26.15 of the said agreement, the petitioner has denied and disputed the correctness of the same, raising issues involving factual adjudication.
(3.) IN my view, the said issues cannot be adjudicated upon and decided in writ jurisdiction of this Court. The petitioner has also got effective alternative remedy under Clause 30 of the said agreement.;