Writ Petition when an alternate remedy of Arbitration is available

Writ petition is liable to be dismissed when an alternate and efficacious remedy of arbitration is available.

The High Court of Bombay in the matter of Nirmal Software Services Pvt. Ltd. vs. Dr. Babasaheb Ambedkar Marathwada University and Ors. observed that the powers in writ jurisdiction can be exercised only in three contingencies viz. (i) where the Writ Petition seeks enforcement of any of the fundamental rights; (ii) where there is failure of principles of natural justice; or (iii) where   the   orders   or   proceedings   are   wholly   without jurisdiction or the vires of an act is challenged.

However, considering the rival submissions and on perusal of the material on record, it was observed that the petitioner is having an alternate and efficacious remedy of arbitration and accordingly, the petition is dismissed.

(Link : https://bombayhighcourt.nic.in/generatenewauth.php?auth=cGF0aD0uL2RhdGEvYXVyanVkZ2VtZW50cy8yMDE4LyZmbmFtZT1DV1AzNjc3OTE2LnBkZiZzbWZsYWc9TiZyanVkZGF0ZT0mdXBsb2FkZHQ9MjEvMDkvMjAxOCZzcGFzc3BocmFzZT0wOTA5MTkxMDQ2MDY=)

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