stated by the writ-applicant germane to the
adjudication of the present writ-application read thus :-
2.1 The writ-applicant herein approached this Court ... that the
writ-applicant be relegated to the alternative remedy and not
to entertain the present writ-application. He submitted that the
writ-applicant
which was converted to
Writ Petition (Civil) pursuant to order dated 19.01.2021.
Accordingly, this Writ Petition (Civil), i.e., W.P.(C) No.2472 ... Arbitration
Agreement. Thus, the arbitration agreement clause remains
unaffected.
16. Assuming though not conceding that if this Court takes
a view that the arbitration clause
petitioner for transfer of the arbitration proceedings from
the Arbitration Tribunal to the M.P. Arbitration Tribunal,
constituted under the provisions ... W.P. No.2581/2014) shall
apply mutatis mutandis in the present writ petition
also and, therefore, we dismiss the writ petition on the
ground
writ petition is maintainable in view of the
arbitration clause, and as such whether this writ court can
issue mandamus directing the Railways to refund ... undoubtedly wide amplitude, but when there exists an arbitration
agreement, the writ court ordinarily would not exercise its discretionary
jurisdiction to enter into a dispute
same shall be finally settled by binding
arbitration under the Arbitration and Conciliation
Act, 1996 . The arbitration shall be by a jointly
appointed single arbitrator ... parties were relegated for pre-arbitration mechanism, the
pre-arbitration mechanism was closed. When the pre-
arbitration mechanism was closed, as per clause
that even on the
question of maintainability of the writ petition on account of the arbitration
clause included in the agreement between the parties ... Dealership Agreement for referring the matter to the Arbitration.
The writ application is dismissed. No Costs.
.............................
Dr.A.K.Rath, J.
Orissa High Court, Cuttack
sole question involved in the writ petition for
consideration is whether a writ Court can issue a writ of
mandamus for payment of the claimed ... arbitration clause. There is no
whisper of any arbitration agreement in the counter
affidavit filed by UPPTCL to the writ petition in the High
Court
Maharani Laxmibai Mahila ... vs The State Of Madhya Pradesh on 3 March, 2015
W.P
issue a writ of
mandamus or any other appropriate writ or writ in the nature
of œrtiorari or any other appropriate writ. order or direction ... issue a writ of
mandamus or any other appropriate writ or writ in the nature
of certiorari or any other appropriate writ, order or direction
herein, who was impleaded as a party to the arbitration
proceedings, was before this court in W.P.(C) No.17459 of 2007. The learned ... necessary/ proper party
or not in the arbitration proceedings. But the learned single Judge, while
allowing the Writ Petition filed by the appellant herein
