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march 2025

Allahabad High Court · 2025-03-07

WRIT - C No. 6813 of 2025 at Allahabad

Citation / case number
WRIT - C No. 6813 of 2025 at Allahabad
Court
Allahabad High Court
Petitioner
WRIT - C No. 6813 of 2025 at Allahabad
Respondent
Unknown
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Judgment text excerpt

Neutral Citation No. - 2025:AHC:33431-DB Court No. - 29 Case :- WRIT - C No. - 6813 of 2025 Petitioner :- Mohd. Sultan Khan Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Arvind Srivastava,Parvez Alam Counsel for Respondent :- A.S.G.I.,Abrar Ahmad Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Petitioner contends that though he has received the amount under the contract but the amount of interest payable in terms of the contract has not been paid. Sri S.P. Singh, learned Additional Solicitor General of India assisted by Sri Abrar Ahmad, learned counsel for the respondents raises objection to the maintainability of the writ petition on the ground that there exists an arbitration clause and in the event, petitioner is not satisfied with the decision, remedy would be to raise a claim before the arbitrator. It is also submitted that the claim is otherwise stale as most of the payments were made several years back and interest is being claimed now. Although, learned counsel for the petitioner submitted that writ petition be entertained but there is no denial of fact that the arbitration clause exists in the agreement duly entered into between the parties.

WRIT - C No. 6813 of 2025 at Allahabad · Niyam