Reliefs Similar To Those Sought Before Arbitrator & Commercial Court Can’t Be Claimed Before Writ Court: Chhattisgarh High Court
The Chhattisgarh High Court bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru has held that reliefs similar to those already sought before the Arbitrator and subsequently before the Commercial Court cannot be claimed before the writ court, especially when alternative efficacious remedies are available before the same forums for seeking such reliefs.
Brief Facts:
The petitioner seeks a direction for release of ₹53,56,026.00 under Clause 46A.7 (price variation clause) of the contract.
It was submitted that, under identical contractual terms, the respondents had earlier made payment without challenging the Commercial Court’s judgment dated 08.11.2024, which upheld the petitioner’s entitlement based on the arbitral award dated 15.03.2022. Despite this settled legal position, the respondents have arbitrarily denied applying the same methodology in the present case, resulting in unjust refusal of the petitioner’s rightful claim.
In reply, the Respondent submitted that earlier, the petitioner initiated Arbitration Application No. 9 of 2019, resulting in a favourable award dated 15.03.2022. The respondents challenged this in Case No. Arb. MJC 06 of 2024 before the Commercial Court, Raipur, which was dismissed on 08.11.2024, affirming the arbitral award. It is now argued that the petitioner has an efficacious alternative remedy to approach the Arbitrator for the new cause of action, rendering the present petition legally untenable.
Observations:
The court noted that perusal of the record would show that there were two Contract Agreements i.e. Contract Agreement dated 18.09.2017 as well as Contract Agreement dated 26.04.2017 and the petitioner has challenged Contract Agreement dated 26.04.2017 before the Sole Arbitrator, which was allowed vide order dated 15.03.2022 and the final award was passed.
It further noted that the record reflects that the respondents challenged the final award dated 15.03.2022 by filing Case No. Arb. MJC 06 of 2024, which was dismissed by the Commercial Court vide order dated 08.11.2024.
The court concluded that it is admitted by the petitioner’s counsel that the present issue is identical to one already decided by the Arbitrator and affirmed by the Commercial Court, and the relief sought is similar. Given the availability of alternate efficacious remedies before the Arbitrator and Commercial Court, there appears to be no justification for this Court’s intervention. The petitioner ought to have first exhausted those remedies.
Accordingly, the present petition was dismissed.
Case Title: Angelique International Limited versus Union of India Ministry of Railways (Railway Board) and Ors.
Case Number: WPC No. 2946 of 2025
Order Date: 17/06/2025
