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High Court of Punjab and HaryanaCWP/17441/2018disposed of

Slv Security Services Pvt Ltd v. State Of Haryana And ANR.

2018-07-30Mr Justice Jaswant Singh,Mr. Justice Fateh Deep Singh1 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-17441-2018 (O&M) Date of decision:- 30.07.2018 SLV Security Services Pvt. Ltd.

...Petitioner

Versus

State of Haryana and another

...Respondents

CORAM: HON'BLE MR. JUSTICE KRISHNA MURARI, CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN PALLI Present:- Mr. Ashish Aggarwal, Senior Advocate, with Mr. Parminder Singh, Advocate, for the petitioner.

* * * * KRISHNA MURARI, C.J. (ORAL) Admittedly, clause 24 of the terms and conditions of the agreement entered into between the parties provides for a dispute resolution by way of arbitration and the matter is to be referred to the sole arbitrator to be appointed by the respondent-department. Without invoking the arbitration clause, the petitioner has approached this Court by filing the instant writ petition. 2.

In our considered opinion, since there exists arbitration clause in the agreement, it would be appropriate that the petitioner may invoke the same and the writ petition is not liable to be entertained on the ground of existence of an arbitration clause in the terms and conditions of the agreement.

3.

The petition accordingly stands disposed of giving liberty to the petitioner to invoke the arbitration clause, if it is so advised.

(KRISHNA MURARI) CHIEF JUSTICE (ARUN PALLI) JUDGE 30.07.2018 Amodh Whether speaking/reasoned Yes/No Whether reportable Yes/No Amodh Sharma 2018.07.31 10:21 I attest to the accuracy and integrity of this document Chandigarh