Supreme Court of India · 2003-11-20
State Of Jammu And Kashmir vs Ghulam Mohd. Dar And Anr
- Citation / case number
- AIR 2004 SUPREME COURT 510
- Court
- Supreme Court of India
- Petitioner
- State Of Jammu And Kashmir
- Respondent
- Ghulam Mohd. Dar And Anr
- Author
- S.B. Sinha
- Bench
- S.B. Sinha
Judgment text excerpt
The Supreme Court held that a writ of mandamus cannot be issued for enforcing the terms of a contract when the matter involves disputed questions of fact, as established in prior rulings. The Court set aside the High Court's decision that had allowed the writ petition for payment of escalation rates under the contract, emphasizing that such disputes should be resolved through arbitration as per the arbitration clause in the agreement. The Court appointed Justice R.P. Sethi as the sole Arbitrator to resolve the matter, allowing the appeal of the appellant.