The Andaman And Nicobar Administration And ORS v. M/S T.T.Trading Company And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** MAT/33/2024 The Andaman and Nicobar Administration and others Vs.

M/s T.T.Trading Company and others Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the appellants Mr. Asim Malik Mr. Ruban Antony ... for the respondents October 1, 2024 [SR] Item no. 12 This appeal has been filed against a judgment and order dated 26 February 2023 passed by the Learned Single Judge in WPA/149/2020.

The writ petition had been filed seeking a direction on the respondent authorities to make payment in respect of a works contract dated 3 February 2016.

By the impugned order, the Learned Single Judge has directed that the bills sanctioned on 22 July 2016 be paid within a period of four weeks from the date of passing the impugned order.

The primary grievance of the appellant is that the subject works contract contained an arbitration clause and in view of the disputes arising out of the contract dated 3 February 2024 raised by the parties, the writ petition was not maintainable. It is also submitted by the appellant that in view of the disputed question of fact which arise for consideration the writ

petition ought not to have been entertained by the Learned Single Judge.

On behalf of the respondent, it is contended that there is no illegality nor perversity in the impugned order and there are no grounds to interfere with the same.

During the course of hearing of this appeal, it is fairly submitted by the respondent that his clients are ready and willing to invoke the arbitration cause and proceed by way of arbitration.

In view of the above submissions, MAT/34/2024 stands allowed. The impugned order dated 26 February, 2024 is set aside. The parties are at liberty to proceed by way of the arbitration clause contained in the agreement dated 3 February 2016 in accordance with law.

( Ravi Krishan Kapur, J. ) ( Prasenjit Biswas, J. )