State Of U.P. & Ors vs Bridge & Roof Co. (India) Ltd on 20 August, 1996
The Division Bench noticed the judgment of this Court in the case of State
of U.P. & Ors. v. Bridge & Roof Company (India) Ltd. (1996) 6 SCC 22 as
well as in the case of ABL International Ltd. & Anr. v. Export Credit
Guarantee Corporation of India Ltd. & Ors. (2004) 3 SCC 553 for coming to
the conclusion that where the contract itself provides an effective
alternative remedy by way of reference to arbitration, it is good ground
for declining to exercise extraordinary jurisdiction under Article 226 of
the Constitution of India and that the Court will not permit recourse to
other remedy without invoking the remedy by way of arbitration, "unless, of
course, both the parties to the dispute agree on another mode of dispute
resolution."