Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Article 226 of Constitution of India alternative remedy Writ petition |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India, 1951 - Art. 226 - Writ petition by appellant - No objection taken by respondent as to entertainment of writ petition on the ground of availability of alternative remedy - Writ petition rendered on merits by the Single Judge of High Court - Letters Patent Appeal by respondent - Division Bench allowed LPA, setting aside the order of Single Judge on the ground that an alternative remedy by way of arbitration clause could have been resorted to - On appeal, held: Constitutional remedy by way of writ petition is always available to an aggrieved party and an arbitration clause in an agreement between the parties cannot ipso facto render a writ petition "not maintainable" - On facts, there was no existing agreement because the work had been completed and payment had already been made, and the final judgment in the writ petition was rendered on merits - Thus, order of the Division Bench is set aside and that of the Single Judge is restored. |
Judge | Hon'ble Mr. Justice Shiva Kirti Singh |
Neutral Citation | 2014 INSC 881 |
Petitioner | M/s. Ram Barai Singh & Co. |
Respondent | State Of Bihar & Ors. |
SCR | [2014] 11 S.C.R. 286 |
Judgement Date | 2014-12-17 |
Case Number | 11465 |
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