2015 (5) TMI 1142

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..... he third respondent - Held that: - granting the relief which is sought in these proceedings, would virtually amount to a money decree. Since there is an arbitration agreement between the parties, the petitioner will have to invoke the terms of the agreement - we decline to entertain the petition and relegate the petitioner to invoke the terms of the arbitration agreement - petition dismissed.
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..... February 2014 ) , a Division Bench of this Court had declined to entertain a prayer for similar reliefs with the following observations: "These are purely contractual matters and we are not inclined to entertain a petition under Article 226 of the Constitution in this regard. Whether the work under the contract has been satisfactorily carried out; whether the rates quoted are in accordance .....

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..... o be determined by the competent authority. The exercise of jurisdiction under Article 226 is not warranted for what the petitioner seeks in essence is a decree in a civil suit which cannot be granted in this proceeding, particularly having regard to the nature of the issues involved. The Court, therefore, declines to entertain this petition." Following the earlier view of the Division Benc .....

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