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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