WPMS/830/2016 of M/s Mahavir Transmission Udyog Pvt Ltd Vs Uttarakhand Power Corporation Ltd AND ANOTHER
Parties
- WPMS/830/2016 of M/s Mahavir Transmission Udyog Pvt Ltd (PETITIONER)
- Uttarakhand Power Corporation Ltd AND ANOTHER (RESPONDENT)
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Mr. Rajat Mittal, Advocate, present for the petitioner.
Mr. D. S. Patni, Advocate, present for the respondent no.1.
By means of present writ petition, the petitioner prays for the following reliefs, among others:
“(a) To issue writ, order or direction in the nature of certiorari for quashing/setting aside the impugned decision dated 04.08.2015 passed in its minutes of meeting by the respondent no.2 in Reference Case No. 7 of 2014 (annexure no. 6).
(b) To issue writ, order of direction in the
nature of mandamus directing the respondent no.2 to proceed with the reference no. 7 of 2014 again and dispose of the same in accordance with law.”
It is preliminary objection of learned counsel for the respondent no.1 that the writ petition is not maintainable and the petitioner has remedy of filing petition under Section 34 of the Arbitration and Conciliation Act, 1996 read with Section 19 of The Micro and Small Enterprises Development Act, 2006.
After arguing the writ petition at some length, learned counsel for the petitioner seeks to withdraw the writ petition to file statutory appeal before the appropriate forum.
Present Writ Petition is disposed of with liberty as above.
(U.C.Dhyani, J.)
01.04.2016
Kaushal