2015 (5) TMI 1142

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....andra (Verma), Sanjay Misra Counsel for Respondent :-  C.S.C.,Jogendra Nath Verma JUDGMENT: The petitioner has sought a direction for the refund of an amount representing 5% of the value of the contract which was deducted by the third respondent. Admittedly, there is an arbitration agreement contained in Clause 26 of the agreement with the petitioner. In our view, granting the relief wh....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....en carried out properly are issues which have to be addressed, among other questions,  by  the  competent  authority  before  an  appropriate decision is taken. The jurisdiction of the Court under Article 226 of the Constitution cannot appropriately be exercised in such matters. The remedy of the contractor, if he is aggrieved by non payment, would be to either f....