KASHYAPI INFRASTRUCTURE PVT. LTD. v. STATE OF U.P. AND 2 OTHERS
WRIC/23064/2025 · 2025-07-28
Mahesh Chandra Tripathi, Prashant Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 75879 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 75879 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:124833-DB Court No. - 29 Case :- WRIT - C No. - 23064 of 2025 Petitioner :- Kashyapi Infrastructure Pvt. Ltd. Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anand Kumar Singh Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard Sri A.K. Singh, learned counsel for the petitioner, Sri Ambrish Shukla, learned Additional Chief Standing Counsel for the State-respondent no.1 and Sri Kaushalendra Nath Singh,
learned counsel for respondent nos.2 and 3.
2. The instant writ petition has been preferred by the petitioner seeking direction upon respondent no.2 to not to forfeit the securities/withheld amounts or to invoke the bank guarantees submitted by the petitioner in lieu of the contract including performance guarantee till the domain of arbitral tribunal commences.
3. At the very outset, learned counsel for the respondents raised objection qua maintainability of the instant writ petition on the premise that admittedly there is arbitration clause in the agreement and the petitioner has already invoked the same and approached the Arbitrator. As such, the efficacious remedy available to the petitioner is to move an application under section 9 of the Arbitration and Conciliation Act, 1996.
4. Considering the aforesaid factual situation once this Court has declined to entertain the instant writ petition, learned counsel for the petitioner states that this petition may be dismissed as not pressed.
5. Accordingly, the writ petition is dismissed as not pressed.
Order Date :- 29.7.2025 Manish Himwan (Prashant Kumar,J.) (M.C. Tripathi, J.) Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad