A division bench held that an alternative remedy is not an absolute bar to the invocation of the writ jurisdiction of the High Court or the Supreme Court and that without exhausting such alternative remedy, a writ petition would not be maintainable.
From Paras 27 and 28,
UOI and Ors Vs Tantia Construction Pvt Ltd on 18 Apr 2011
27. Apart from the above, even on the question of maintainability of the writ petition on account of the Arbitration Clause included in the agreement between the parties, it is now well-established that an alternative remedy is not an absolute bar to the invocation of the writ jurisdiction of the High Court or the Supreme Court and that without exhausting such alternative remedy, a writ petition would not be maintainable. The various decisions cited by Mr. Chakraborty would clearly indicate that the constitutional powers vested in the High Court or the Supreme Court cannot be fettered by any alternative remedy available to the authorities. Injustice, whenever and wherever it takes place, has to be struck down as an anathema to the rule of law and the provisions of the Constitution. We endorse the view of the High Court that notwithstanding the provisions relating to the Arbitration Clause contained in the agreement, the High Court was fully within its competence to entertain and dispose of the Writ Petition filed on behalf of the Respondent Company.
28. We, therefore, see no reason to interfere with the views expressed by the High Court on the maintainability of the Writ Petition and also on its merits. The Special Leave Petition is, accordingly, dismissed, but without any order as to costs.
Citations : [2011 SCC 5 697], [2011 AIOL 293], [2011 SUPREME 3 294], [2011 SCALE 4 745], [2011 RCR CIVIL SC 3 821], [2011 SCC CIV 3 117], [2011 LW 3 691], [2011 ARBLR SC 2 115], [2012 PLJR 1 455], [2011 JCR SC 3 8], [2011 UJ 4 2210], [2011 KLJ 2 15], [2011 AWC SC 5 4568], [2011 SCR 5 397], [2011 JT SC 5 59]
Other Sources :