Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:33431-DB Court No. - 29 Case :- WRIT - C No. - 6813 of 2025 Petitioner :- Mohd. Sultan Khan Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Arvind Srivastava,Parvez Alam Counsel for Respondent :- A.S.G.I.,Abrar Ahmad Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Petitioner contends that though he has received the amount under the contract but the amount of interest payable in terms of the contract has not been paid. Sri S.P. Singh, learned Additional Solicitor General of India assisted by Sri Abrar Ahmad, learned counsel for the respondents raises objection to the maintainability of the writ petition on the ground that there exists an arbitration clause and in the event, petitioner is not satisfied with the decision, remedy would be to raise a claim before the arbitrator. It is also submitted that the claim is otherwise stale as most of the payments were made several years back and interest is being claimed now. Although, learned counsel for the petitioner submitted that writ petition be entertained but there is no denial of fact that the arbitration clause exists in the agreement duly entered into between the parties. Once that be so, all such claims as are raised before this Court, can be raised before the arbitrator. We would not be inclined to exercise our extraordinary jurisdiction in such circumstances. It goes without saying that remedy under the contract have not been exhausted. The writ petition is accordingly consigned to records. Order Date :- 7.3.2025 Noman Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad