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Head Note

Constitution of India, 1950  - Article 226

Writ - Alternative remedy - Maintainability of the writ petition Arbitration Clause included in the agreement between the parties - An alternative remedy is not an absolute bar to the invocation of the writ jurisdiction of the High Court or the Supreme Court and that without exhausting such alternative remedy, a writ petition would not be maintainable - Constitutional powers vested in the High Court or the Supreme Court cannot be fettered by any alternative remedy available to the authorities - Injustice, whenever and wherever it takes place, has to be struck down as an anathema to the rule of law and the provisions of the Constitution - Notwithstanding the provisions relating to the Arbitration Clause contained in the agreement, the High Court was fully within its competence to entertain and dispose of the Writ Petition filed on behalf of the Respondent Company.

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