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Bombay High Court

RECLA CORPORATION PVT LTD THR ITS VICE PRESIDENT GOVIND RAMNARESH SINGH SIKARWARversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The writ petition is disposed, granting the petitioner liberty to avail the alternate arbitral remedy.

Summary

Recla Corporation Pvt. Ltd. filed a writ petition seeking relief against the State of Maharashtra and other respondents, alleging that its power supply had not been restored and raising a contractual dispute. The petitioner’s counsel informed the court that the power supply had been restored, while Respondent No. 5 argued that the dispute should be resolved by an arbitral tribunal. The court noted the restoration of power and the existence of an alternate forum for the contractual issue. Consequently, the court disposed of the writ petition, granting the petitioner liberty to pursue the arbitral remedy. No substantive adjudication on the merits of the contractual dispute was made.

Issues considered

  • Whether the writ petition should be entertained despite the restoration of power supply
  • Whether the petitioner must approach an arbitral tribunal for the contractual dispute

Subjects

  • writ petition
  • power supply
  • contractual dispute
  • arbitration
  • alternate remedy
  • civil procedure

Judgment

2026:BHC-AUG:36734-DB


                                                                       wp10261-26.doc
                 drp
                         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                    BENCH AT AURANGABAD

                                 WRIT PETITION NO.10261 OF 2026

                 Recla Corporation Pvt. Ltd., Through
                 its Vice President                                     PETITIONER

                        VERSUS

                 The State of Maharashtra and Others               RESPONDENTS
                                                .......
                 Mr. Dayanand S. Mali, Advocate for the Petitioner
                 Mr. S. R. Wakle, AGP for Respondent - State
                 Mr. A. R. Salve, Advocate for Respondents No.2 to 4
                 Mr. N.B. Tambade, Advocate for Respondent No. 5
                                                ....…

                              [CORAM : NITIN B. SURYAWANSHI, &
                                       ABASAHEB D. SHINDE, J. J.]

                                      DATE : 17th AUGUST, 2026

                 ORDER :

                 1.     Learned Advocate for the Petitioner submits that the power
                 supply of the Petitioner is restored.


                 2.     Learned Advocate for Respondent No. 5 submits that
                 contractual dispute is raised by the Petitioner before this Court
                 and the Petitioner can approach the Arbitral Tribunal for the
                 relief, the Petitioner is claiming.


                 3.     In view of the above, the Writ Petition is disposed of, by
                 granting liberty to the Petitioner to avail alternate remedy.



                 [ ABASAHEB D. SHINDE ]                  [ NITIN B. SURYAWANSHI ]
                          JUDGE                                     JUDGE
                 drp/wp10261-26.doc


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