M/S Mariyam Construction v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC NO.1977 of 2018 M/s Mariyam Construction Through Proprietor Md. Haroon, Aged About 36 Years , S/o Late Shri M D Jakariya R/o Ward No. 12, Haldibadi, Police Station Chirimiri, Tahsil Khadgawa, Revenue District And District Koriya Baikunthpur Chhattisgarh ----Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary Urban Administration Department Mantralaya, Mahanadi Bhawan New Raipur District Raipur Chhattisgarh

2. Municipal Corporation Chirimiri, Through The Commissioner, Municipal Corporation Chirmiri, District Koriya Baikunthpur Chhattisgarh ---- Respondents ----------------------------------------------------------------------------------------------------- For Petitioner :

Ms Hamida Siddiqui, Advocate For Respondent No.1 :

Mr.Ashish Surana, P.L.

----------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 20/07/2018

1. Learned counsel for the petitioner would submit that an amount of ₹ 6,68,034/- is outstanding against respondent No.2, which is not being paid despite that order of blacklisting has been set aside by this Court.

2. Learned Panel Lawyer for respondent No.1 would submit that there is an arbitrtion clause between the parties.

3. I have heard learned counsel for the parties.

4. The dispute is purely contractual in nature and disputed question of fact cannot be adjudicated in extraordinary jurisdiction of this Court and arbitration dispute. However, the petitioner is at liberty to make a representation before respondent No.2 and that will be considered by respondent authority expeditiously. It is made clear

that this Court has not expressed any opinion on merits of the case.

5. With the aforesaid observation, the writ petition finally stands disposed of. No cost(s).

Sd/- (Sanjay K.Agrawal) Judge B/-