Constitution of India, Article 226 – maintainability of the writ petition on account of the Arbitration Clause included in the agreement between the parties – Well-established that an alternative remedy is not an absolute bar to the invocation of the writ jurisdiction of the High Court or the Supreme Court and that without exhausting such alternative remedy, a writ petition would not be maintainable – Constitutional powers vested in the High Court or the Supreme Court cannot be fettered by any alternative remedy available to the authorities – Notwithstanding the provisions relating to the Arbitration Clause contained in the agreement, the High Court was fully within its competence to entertain and dispose of the Writ Petition filed on behalf of the Respondent Company.
read HERE : 2011 PLRonline 0100
.Union Of India v. Tantia Construction Pvt. Ltd, 2011 PLRonline 0100 , (2011) 5 SCC 697
