Q. Whether Existence Of Arbitration Clause Debar The Court From Entertaining A Writ Petition In Contractual Matter?

A. NO

RELEVANT CASE LAW:

• UTTAR PRADESH POWER TRANSMISSION CORPORATION LTD. VS. CG POWER AND INDUSTRIAL SOLUTIONS LIMITED  LL 2021 SC 255

It is well settled that availability of an alternative remedy does not prohibit the High Court from entertaining a writ petition in an appropriate case.

The High Court may entertain a writ petition, notwithstanding the availability of an alternative remedy, particularly

(i) Where The Writ Petition Seeks Enforcement Of A FUNDAMENTAL RIGHT;

(ii) Where There Is Failure Of Principles Of NATURAL JUSTICE Or

(iii) Where The Impugned Orders Or Proceedings Are Wholly WITHOUT JURISDICTION Or

(iv) The Vires Of An Act Is UNDER CHALLENGE.

The bench reiterated that relief under Article 226 of the Constitution of India may be granted in a case arising out of contract.