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Calcutta High Court · body

2025 DAILYLAW 21838 (CAL)

M/S UTKAL WEIGH BRIDRGE& CALIBRATION v. CONTAINER CORPORATION OF INDIA LTD.& ORS

WPA/8546/2019 · 2025-04-28

Partha Sarathi Chatterjee

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

28.04.2025 20 Ct.No.7 sdas WPA 8546 of 2019 M/s. Utkal Weigh Bridge & Calibration Center Vs. Container Corporation of India Ltd. & Ors. Mr. Farhan Ghaffar Ms. Shreya Srivastava Mr. Ankit Chaturbedy .…for the petitioner Mr. Debashis Sarkar …. for the respondents Affidavit-of-service filed in Court is taken on record. The present writ petition has been filed seeking a direction to the concerned respondents to consider certain issues arising from a contract entered into between the parties. At the very outset, Mr. Sarkar, learned advocate representing the respondents, raised the issue of the maintainability of this writ petition. Inviting my attention to Clause 21.1 of the Agreement on page 59 of the petition, he submits that the Agreement contains an arbitration clause and, therefore, the dispute raised by the petitioner should have been referred to arbitration. Heard the learned advocates representing the respective parties. Since the contract entered into between the parties contains an arbitration clause, which stipulates 2 that any disputes arising between the parties shall be referred to arbitration, no interference is warranted in this writ petition. However, it is clarified that this order shall not preclude the petitioner from referring the dispute or disputes raised in this writ petition to arbitration, in accordance with the law. The writ petition is, thus, disposed of. There shall be no order as to costs. (Partha Sarathi Chatterjee, J.)