Existence of an arbitration clause does not debar the Court from entertaining a writ petition.

In the matter of Uttar Pradesh Power Transmission Corporation Ltd. and Anr Vs. CG Powe and Industrial Solutions Limited and Anr. in SLP (C) No. 8630/2020 decided on 12.05.2021

General Conditions of the composite contract between the parties contained an arbitration clause, notwithstanding which the petitioner filed a writ petition before the High Court. The Hon’ble Supreme Court rejected the challenge to the maintainability of the writ petition on two counts, firstly no objection was taken in the counter affidavit of the arbitration clause and secondly that the existence of an arbitration clause does not debar the court from entertaining a writ petition.
The Apex Court reiterated the established legal position that the High Court may entertain a writ petition, notwithstanding the availability of an alternative remedy particularly-
(i) where the writ petition seeks enforcement of a fundamental right;
(ii) where there is failure of principles of natural justice or
(iii) where the impugned orders or proceedings are wholly without jurisdiction or
(iv) the vires of an Act is under challenge.