Arbitration Clause Does Not Debar the Court from Entertaining Writ Petition in Appropriate Cases

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Jun 30, 2021

Arbitration Clause Does Not Debar the Court from Entertaining Writ Petition in Appropriate Cases

In the case of Uttar Pradesh Power Transmission Corporation Ltd. v. CG Power and Industrial Solutions Limited,^[1] the Supreme Court held that availability of an alternate remedy does not prohibit the High Court from entertaining a writ petition in a appropriate cases, particularly where: (a) the writ petition seeks enforcement of a fundamental right; (b) there is failure of principles of natural justice; or (c) the impugned orders or proceedings are wholly without jurisdiction; or (iv) the vires of a statute is under challenge. The Supreme Court also reiterated that relief under Article 226 of the Constitution may be granted in a case arising out of a contract which contains an arbitration clause.

[1] 2021 SCC Online SC 383.

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