IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.12168 of 2011 Date of decision:14.07.2011 M/s Sandeep Rice Mills, Village Bakhtua, Tehsil Naraingarh, District Ambala, through Ram Karan son of Lajja Ram and Suresh Pal son of Amar Singh partners, both residents of Village Bakhtua, Tehsil Naraingarh, District Ambala. ...Petitioner versus State of Haryana through Secretary, Food and Supplies Department at Chandigarh and another. ....Respondents CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr.P.K. Gupta, Advocate, for the petitioner. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? No. 2. To be referred to the reporters or not ? No. 3. Whether the judgment should be reported in the digest ? No. ---- K.Kannan, J. (Oral) The petitioner is aggrieved about a wrongful claim of about Rs.28 lacs and odd, by the respondent, although according to the petitioner, the supplies had been effected within the extended period approved by the respondent. A dispute that has arisen which entitles the party to contend that the demand is not justified, shall be required to be referred to arbitration in terms of a clause 23 of the agreement which the petitioner has entered into with the respondent. The clause that gives the respondent a power to initiate civil or criminal proceedings will not Civil Writ Petition No.12168 of 2011 - 2 - enable the petitioner to skirt an arbitral agreement brought through clause 23 and the effective remedy through arbitration shall alone be available. The writ petition is disposed of at the stage of admission that the petitioner shall resort to the arbitral process as contemplated under clause 23 of the agreement. (K. KANNAN) JUDGE 14.07.2011 sanjeev