Calcutta High Court (Appellete Side)
Basirhat Food Supply Mohila ... vs The State Of West Bengal & Ors on 6 July, 2011
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
Present : The Hon'ble Mr Justice Jayanta Kumar Biswas
W.P.No.10854(W) of 2011
Basirhat Food Supply Mohila Co-operative Society Ltd & Anr.
-vs-
The State of West Bengal & Ors.
Mr. Chinmoy Pal
Ms. Anee Roy ....for the petitioners
None ....for the respondents
Heard on : July 6, 2011 Judgment on : July 6, 2011 The Court : The petitioners in this art.226 petition dated June 24, 2011 are seeking the following principal relief:
"a) A Writ in the nature of Mandamus commanding upon the respondents to act and proceed in accordance with law and further direction upon the respondents to make payment of bill amount if raised on the basis of total Offered amount for rendering scavenging and/or house keeping and/or security services in the Hospital month wise immediately."
Counsel prays for an order directing the arbitrator to decide the disputes. He says that the contract between the parties contained an arbitration clause. According to him, power under art.226 can be exercised for referring the disputes to arbitral tribunal.
In my opinion, power under art.226 is not to be exercised for referring the disputes between the parties to the arbitral tribunal in terms of the arbitration agreement contained in the contract. The petitioners' remedy, if any, was under
provisions of the Arbitration and Conciliation Act, 1996. The petition is just not maintainable.
For these reasons, the petition is dismissed. No costs. Certified xerox.
(Jayanta Kumar Biswas, J) sb