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2014 (5) TMI 1164 - HC - Indian LawsNon-payment of dues under a contract for supply of goods - Article 226 of the Constitution - Held that: - in cases like the one in hand, instead of taking recourse to the jurisdiction of the ordinary Civil Court under section 9 of the Code of Civil Procedure Code, 1908, recourse is taken to the writ jurisdiction under Article 226. That is not permissible. The jurisdiction of the Civil Court is intended to provide the ordinary civil remedy for the adjudication of such claims - we see no reason or justification to entertain the petition under Article 226 of the Constitution. A second writ petition would constitute an abuse of the process of the Court since it had already been expressed by the Division Bench in the earlier proceedings that disputed questions of facts which were raised before the Court, could not be entertained under Article 226 of the Constitution. It would be inappropriate for the Court to determine the wholly disputed questions of fact which arise in the present proceedings - petition dismissed.
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