Future Gaming And Hotel Services Private Ltd v. State Of Punjab And Another

CWP No. 10077 of 2023 1 2023:PHHC:067441-DB

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Civil Writ Petition No.10077 of 2023 (O&M) Date of Decision: 10.05.2023 Future Gaming and Hotel Services Pvt. Ltd.

.....Petitioner versus State of Punjab and another .....Respondents

CORAM:

HON'BLE MR.JUSTICE RAVI SHANKER JHA, CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN PALLI, JUDGE Present :

Mr. Amit Jhanji, Senior Advocate with Mr. Shobit Phutela, Advocate and Mr. Shashank Shekhar Sharma, Advocate, for the petitioner. Mr. Arjun Sheoran, Deputy Advocate General, Punjab. ****

       This petition has been filed by the petitioner being aggrieved by the order dated 05.05.2023 (Annexure P@40) by which the petitioner's request for issuance of 'No Due Certificate' has been rejected and it has been held by the authorities that in case the petitioner clears all the dues within a period of seven days, the No Due Certificate would be issued within three days.

Learned senior counsel appearing for the petitioner submits that the petitioner is not liable to pay any dues and therefore, the question of clearing all the dues for the purposes of obtaining 'No Due Certificate' does not arise.

Having heard learned senior counsel for the petitioner at length, it is observed that the petitioner has previously approached this Court by filing a Civil Writ Petition No. 8113 of 2023. The said petition was disposed of by this Court on 20.04.2023 in the following terms:@ "
  

          

        

                         

        

         

 

           

     

 RAVINDER KUMAR 2023.05.11 17:52 I attest to the accuracy and authenticity of this order/judgment.

  !

   

      "



CWP No. 10077 of 2023 2 2023:PHHC:067441-DB

  

   #$      % &  ''()'(') * +  !,'-.          

   

 

        ,      + 

             /

                        0       

 

    

    

           1  From a perusal thereof, it is stated by learned senior counsel for the petitioners that except the issue of 'No Due Certificate', he would raise all other disputes in the arbitration proceedings, which he would invoke as per Clause 12 of the agreement between the parties. Pursuant to the order dated 20.04.2023 (ibid) passed by this Court, the respondent@authorities had decided the representation of the petitioner regarding issuance of 'No Due Certificate' vide impugned order dated 05.05.2023 and it has been held by the authorities that in case the petitioner clears all the dues within seven days, then 'No Due Certificate' would be issued within three days. However, in view of the aforesaid, it is evident that the issue of payment of dues is a seriously contested issue between the parties and falls within the disputes that are otherwise to be taken up by the petitioner in the arbitration proceedings.

In such circumstances, the petition filed by the petitioner is disposed of permitting the petitioner to raise this issue as well as all other issues, if so advised, in arbitration proceedings as per the agreement between the parties.

(RAVI SHANKER JHA) CHIEF JUSTICE (ARUN PALLI) 10.05.2023 JUDGE ravinder Whether speaking/reasoned √Yes/No Whether reportable Yes/No√ RAVINDER KUMAR 2023.05.11 17:52 I attest to the accuracy and authenticity of this order/judgment.