Pho Com Net Pvt Ltd And Anr vs The Office Of The Chief Electoral ... on 20 April, 2026
In Unitech Limited (supra) the Court reiterated that writs are
maintainable for asserting contractual rights against the State or its
instrumentalities. It was also held that presence of an arbitration clause
does not oust the jurisdiction under Article 226 in all cases and it needs
to be decided from case to case as to whether recourse to a public law
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remedy can justifiably be invoked. The Court held that the State and its
instrumentalities are not exempt to act fairly.