TMI Blog2020 (6) TMI 125X X X X Extracts X X X X X X X X Extracts X X X X ..... executing authority. From the reliefs sought for by the petitioner it cannot be inferred that the petitioner is seeking for protection of its fundamental rights. The reliefs as indicate are issues arising out of the contractual obligations entered into by the parties vide agreement dated 16.12.2011. The said agreement as includes an arbitration Clause. Under such circumstance, the power under Article 226 of the Constitution of India is exercised, keeping in view the disputes as raised through this writ petition arose out of the said agreement and as the parties decided their own forum for their redressal in the event of dispute between them. The interim relief is granted for a period of 2 (two) months from today, thereby directing t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trator shall give the speaking award . 3. During the execution of the work disputes cropped up between the parties to the agreement. It is submitted by Mr. Kalita, that the Chairman cum Managing Director, vide letter dated 07.01.2020 the respondent No. 4 invoking Clause 72 of the GCC terminated the contract informing further that the incomplete and balance works would be executed at the risk and cost of the petitioner. 4. Prior to the said development, the State Bank of India preferred an application which was registered as CP(IB) No. 593/KB/2017 in the National Company Law Tribunal (NCLT) Kolkata Bench, at Kolkata for liquidation of the petitioner company which was allowed vide order dated 06.12.2018 by passing an order requiring ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the petitioner Company under the contract by declaring the same as illegal, arbitrary, unreasonable and unjustified; AND/OR, (b) A writ in the nature of Mandamus should not be issued directing the State respondents to rescind/cancel and/or forbear from giving effect to the impugned Termination Order bearing Ref.NEZ/IBBW/1630 dated 07.01.2020 (Annexure 26) issued by the respondent Zonal Manager; AND/OR, (c) A writ in the nature of Mandamus should not be issued directing the respondents not to forfeit the security deposit and invoke Bank Guarantees deposited by the petitioner in terms of the Contract Agreement dated 08.08.2009; AND/OR, (d) A writ of similar nature should not be issued directing the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iefs as indicate are issues arising out of the contractual obligations entered into by the parties vide agreement dated 16.12.2011. The said agreement as hereinabove stated includes an arbitration Clause. Under such circumstance, I am reluctant to exercise the power under Article 226 of the Constitution of India keeping in view the disputes as raised through this writ petition arose out of the said agreement and as the parties decided their own forum for their redressal in the event of dispute between them. The petitioner may approach an appropriate forum for appointment of arbitrator and if required as an interim measure, the petitioner is at liberty to file appropriate application under Section 9 of the Indian Arbitration and Conciliation ..... X X X X Extracts X X X X X X X X Extracts X X X X
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