TaxTMI 
TaxTMI 
2005 (9) TMI 589
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....greement forthwith upon or at any time after the happening of any of the following, namely :- (A) If the Dealer shall commit a breach of any of the covenants and stipulations contained in the Agreement, and fail to remedy such breach within four days of the receipt of a written notice from the Corporation in that regard; (B) Upon (i) The death or adjudication as insolvent of the Dealer, if he be an individual; (ii) The dissolution of the partnership of the dealers firm or the death or adjudication as insolvent of any partner of the firm if the Dealer be a firm. (iii) The liquidation, whether voluntary or otherwise or the passing of an effective resolution for the winding up, if the dealer be a company or a co-operative society." According to the Respondent, the said agreement came to an end on the death of the said Bimladevi. However, the dealership was allowed to continue having regard to a representation made by the Appellant herein that the firm had certain outstandings in the market which were in danger of becoming unrecoverable, 'if the supplies were suddenly stopped'. The Respondent agreed to continue supplies to the Appellant on purely ad hoc basis. The ....
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....31st March, 05 by the Respondent to the Claimant. 5.4 All the claims of both the Claimant and the respondent which are contrary to or other than the aforesaid terms of settlement are rejected. 5.5 The award is given without prejudice to any rights and contentions in respect of Special Leave Petition pending with the Hon'ble Supreme Court." Mr. Lalit would contend that the High Court committed a manifest error in dismissing the said writ petition in limine on the premise that there existed an arbitration clause in the agreement, without considering the question that the arbitrator had no jurisdiction to pass an award in relation to the said second prayer made by the Appellant herein, namely, restoration of possession to her by the Respondent. The learned counsel would submit that a public law remedy cannot be held to be not available to a person aggrieved only on the ground of existence of an arbitration clause; although fundamental right at the hands of the State is alleged to have been breached. It was further submitted that from the chain of events, it would appear that the Respondent had condoned the lapses on the part of the Appellant in the matter of alleged violat....
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....436] and M/s Bisra Stone Lime Co. Ltd. etc. vs. Orissa State Electricity Board and Another [AIR 1976 SC 127] However, access to justice by way of public law remedy would not be denied when a lis involves public law character and when the forum chosen by the parties would not be in a position to grant appropriate relief. A Division Bench of this Court in ABL International Ltd. & Anr. vs. Export Credit Guarantee Corporation of India Limited & Ors. [JT 2003 (10) SC 300], observed that in certain cases even a disputed question of fact can be gone into by the court entertaining a petition under Article 226 of the Constitution of India, holding : "28. However, while entertaining an objection as to the maintainability of a writ petition under Article 226 of the Constitution of India, the court should bear in mind the fact that the power to issue prerogative writs under Article 226 of the Constitution is plenary in nature and is not limited by any other provisions of the Constitution. The High Court having regard to the facts of the case, has a discretion to entertain or not to entertain a writ petition. The Court has im....
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....ocess of law the High Court in an appropriate case can entertain a writ petition. 25. Where under a statute there is an allegation of infringement of fundamental rights or when on the undisputed facts the taxing authorities are shown to have assumed jurisdiction which they do not possess can be the grounds on which the writ petitions can be entertained. But normally, the High Court should not entertain writ petitions unless it is shown that there is something more in a case, something going to the root of the jurisdiction of the officer, something which would show that it would be a case of palpable injustice to the writ petitioner to force him to adopt the remedies provided by the statute." It may be true that in a given case when an action of the party is de'hors the terms and conditions contained in an agreement as also beyond the scope and ambit of domestic forum created therefor, the writ petition may be held to be maintainable; but indisputably therefor such a case has to be made out. It may also be true, as has been held by this Court in Amritsar Gas Service (supra) and E. Venkatakrishna (supra), that the arbitrator may not have the requisite jurisdiction to direct res....