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Devinder Singh Sohal v. State of Punjab & Ors. - CWP-4918-2006  RD-P&H 2062 (28 March 2006)
CWP No.4918 of 2006
Date of decision: 28.3.2006
Devinder Singh Sohal v. State of Punjab and others.
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
HON'BLE MR. JUSTICE UMA NATH SINGH
Present: Mr. S.S.Rathore, Advocate,
for the petitioner.
This petition has been filed for direction to release payment of outstanding bills submitted by the petitioner-contractor for the works carried out.
Case of the petitioner is that works have been carried out without any defect but still respondent No.5 was not honoring the bills and was demanding bribe for which a complaint had been made to respondent No.3. It is further pointed out that the department has taken a stand vide letter Annexure P.9 that there were defects in the works carried out by the petitioner but the said stand was without any basis.
It is not disputed that there is an arbitration clause for settling all disputes between the parties.
In view of alternative remedy available to the petitioner and since disputed questions of fact will arise, which may not be properly gone into in writ jurisdiction, we are not inclined to entertain this petition under Article 226 of the Constitution.
The petition is dismissed.
(Adarsh Kumar Goel)
March 28, 2006 (Uma Nath Singh)
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