High Court of DelhiW.P.(C)/2944/2015

M/S. Chaitanaya Construction Co. v. Delhi Jal Board & ANR.

2016-03-16Hon'Ble Mr. Justice Manmohan2 pages

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2944/2015 M/S. CHAITANAYA CONSTRUCTION CO.

..... Petitioner Through Mr.A.K.Singh, Advocate.

versus DELHI JAL BOARD & ANR.

..... Respondents Through Mr.Siddhartha Nagpal, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 16.03.2016 Present petition has been filed by the petitioner seeking a direction to the respondents to release the contract money withheld arbitrarily and without taking into consideration the Vigilance Report dated 5th September, 2014 on the ground that it does not pertain to the contract in issue.

Petitioner also seeks payment of interest @ 18% per annum from the date of completion of work to the date of actual payment as well as exemplary damages.

Learned counsel for the respondents, who appears on advance notice, states that the petitioner has already invoked the arbitration clause and a Co-ordinate Bench of this Court in an OMP filed by the petitioner has already appointed an Arbitrator. Consequently, this Court is of the view that since the petitioner has adopted an alternate efficacious remedy for recovery of its

outstanding dues as well as for compensation, the present writ petition need not be proceeded any further. Accordingly, the same is dismissed.

Order dasti.

MANMOHAN, J MARCH 16, 2016 KA