M/S Pannu Infra Pvt. Ltd. Thru. Director Ashish Pannu v. State of U.P. Thru. Prin. Secy., I.I.D.D., Lko. and 3 Others

Court No. - 2 Case :- WRIT - C No. - 10760 of 2024 Petitioner :- M/S Pannu Infra Pvt. Ltd. Thru. Director Ashish Pannu Respondent :- State Of U.P. Thru. Prin. Secy., I.I.D.D., Lko. And 3 Others Counsel for Petitioner :- Rohitash Kumar Singh Counsel for Respondent :- C.S.C.,Sharad Tewari Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J.

¶1Heard learned counsel for the petitioner, learned standing counsel for the State and Mr. Abhinit Jaiswal, learned counsel for opposite party no. 2.

¶2The petition claims that the work of construction of Expressway from Meerut to Prayagraj was sublet by opposite party no. 3 i.e. the main contractor to the petitioner. In this process a pre-ground level examination is to be conducted to ascertain the work done by the petitioner which would be the basis for payments to the petitioner by the opposite party no. 3 but the opposite party no. 3 is not facilitating the said exercise.

¶3Mr. Amit Jaiswal, learned counsel has put in appearance on behalf of opposite party no. 3 and says that his Vakalatnama is on the way and would be filed in the Registry. He may do so. He says that a dispute has been raised by the opposite party no. 3 and proceedings for arbitration have been initiated. Moreover, Section 11 application for appointment of Arbitrator has been filed before the Bombay High Court.

¶4Looking into the facts aforesaid the dispute is between private parties that too arising out of a contract, we see no reason to entertain the petition under Article 226 of the Constitution of India, especially in view of what has been stated by Mr. Amit Jaiswal appearing on behalf of opposite party no. 3.

¶5The writ petition is dismissed without prejudice to the rights, if any, of the petitioner to avail other remedies. [Brij Raj Singh, J.] [Rajan Roy, J.] Order Date :- 18.12.2024 Santosh/- High Court of Judicature at Allahabad, Lucknow Bench