Orissa High Court
M/S Shivam Electronics vs General Manager (Ssa) Bsnl ..... ... on 10 April, 2023
Bench: B.R. Sarangi, M.S.Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 5532 of 2012
M/s Shivam Electronics ..... Petitioner
Mr. A.K. Biswal, Adv.
Vs.
General Manager (SSA) BSNL ..... Opposite Parties
& Anr.
Mr. P.R. Barik, Adv.
CORAM:
DR. JUSTICE B.R. SARANGI
MR. JUSTICE M.S.RAMAN
ORDER
10.04.2023 Order No. This matter is taken up through hybrid mode.
06.
2. Heard Mr. A.K. Biswal, learned counsel for the petitioner and Mr. P.R. Barik, learned counsel for the opposite parties.
3. Against the demand raised by the authority, the petitioner has approached this Court by filing the present writ petition.
4. Mr. A.K. Biswal, learned counsel for the petitioner contended that since illegal demand has been raised by the authority, the petitioner has approached this Court by filing the present writ petition.
5. Mr. P.R. Barik, learned counsel for the opposite parties contended that since there is alternative remedy available under clause-32 of the agreement itself, unless the petitioner approaches the authority as per the agreement for resolving the dispute, the benefit cannot be granted to the petitioner.
6. Having heard learned counsel for the parties and after going through the records, this writ petition stands disposed of permitting the petitioner to pursue its remedy in terms of clause-32 of Franchiseeship Agreement under Annexure-4 dated 29.01.2008 before the appropriate authority in accordance with law.
Page 1 of 27. Interim order dated 04.04.2012 passed in Misc. Case No. 4776 of 2012 stands vacated.
(DR. B.R. SARANGI) JUDGE (M.S. RAMAN) JUDGE Ashok Page 2 of 2