Research › Search › Judgment

Madhya Pradesh High Court · body

2014 DIGILAW 951 (MP)

Jagdish Shanti Hotels Pvt. Ltd. v. State of M. P.

2014-08-05

ALOK VERMA, RAJENDRA MENON

body2014
JUDGMENT 1. Having heard learned counsel for the parties and perusal of the records, it is seen that in the agreement in question, Clause 25 of the general terms and conditions, contemplates a procedure for resolution of dispute and the detail procedure is stipulated in Clause 10 of the Special Condition of the Contract available at page 60 of the paper books. 2. The dispute resolution mechanism as contemplated by the parties for arbitration in an agreement in accordance to the procedure contemplated under Clause 25.4 (a), (b), (c) (d) and (e) and 25.5 onwards and, therefore a writ petition directly before this Court without taking recourse to the remedy available for agreement, is not permissible. 3. In view of the above, learned counsel for the appellant prays for permission to withdraw this petition with a liberty to take recourse to the remedy available for the agreement under the provisions of Arbitration & Conciliation Act, 1996. 4. Accordingly, this petition is dismissed as withdrawn with the aforesaid liberty to the petitioner.