Rajasthan High Court – Jaipur
United Educational Society vs Rajasthan Skill And Livelihood … on 11 August, 2025
Author: Sameer Jain
Bench: Sameer Jain
[2025:RJ-JP:31006]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 8943/2025
United Educational Society, Through Its Chairman Mr Kunwar Pal
Singh Age About 65 Years, Having Office At Nimt Campus, 41,
Knowledge Park 1, Pari Chowk, Greater Noida.
----Petitioner
Versus
1. Rajasthan Skill And Livelihood Development Corporation,
Emi Campus, J-8-A, Jhalana Institutional Area, Jaipur
Through The Chairmen And Managing Director.
2. The General Manager And Scheme Oic Ddugky, Rajasthan
Skill And Livelihood Development Corporation, Emi
Campus, J-8-A, Jhalana Institutional Area, Jaipur.
3. The General Manager (Admin), (Coo-Ddugky), Rajasthan
Skill And Livelihood Development Corporation, Emi
Campus, J-8-A, Jhalana Institutional Area, Jaipur.
----Respondents
For Petitioner(s) : Mr. O.P. Mishra
For Respondent(s) :
HON'BLE MR. JUSTICE SAMEER JAIN
Judgment
11/08/2025
1. Present petition is filed assailing the recovery made in terms
of impugned order dated 21.05.2025 (Annexure-17). It is
submitted by the learned counsel for the petitioner that without
giving opportunity of hearing to the petitioner, a sum Rs.66 lakhs
approximately is made subject to recovery. It is further submitted
that as per the principles of natural justice and audi alteram
partem, an opportunity of hearing is mandatorily to be given.
2. In this regard, learned counsel has placed reliance upon
Union of India & Ors. Vs. Tantia Construction Private
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[2025:RJ-JP:31006] (2 of 3) [CW-8943/2025]
Limited reported in (2011) 5 SCC 697. While placing reliance
upon the same, it is submitted that availability of arbitration
clause will not act as a bar to invoke of writ jurisdiction under
Article 226 of the Constitution of India, as the existence of
arbitration clause does not bar civil remedies.
3. Having heard the contentions made by the learned counsel
for the petitioner and upon a perusal of the material available on
record, this Court has taken note of the fact that as per Clause 9
i.e. the arbitration clause which reads as under:
“9. Arbitration and Applicable Laws
9.1. The parties hereby agree that any controversy,
claim or dispute in connection with this MoU, and
which cannot be resolved amicably shall be referred
to the Board of Directors of Rajasthan Skill and
Livelihoods Development Corporation in the
State and later to the Empowered Committee of
Ministry of Rural Development, Government of India,
whose decision shall be final and binding on all
parties.
9.2. All disputes shall be resolved as per the
Government of India policies and applicable India
Laws.”
While analyzing the afore-reproduced and the provisions of
Arbitration and Conciliation Act, 1996 as amended, it is noted that
as per Section 9 and 17 of the Act of 1996, there is an opportunity
with the litigant/party to the arbitral dispute to approach the
competent Court seeking interim protection.
4. In the present matter, it is analyzed that bank guarantee is
already invoked qua the respondent to the tune of Rs.27 lakhs
approximately and no alternative remedy is availed; that the
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[2025:RJ-JP:31006] (3 of 3) [CW-8943/2025]
matter consists of certain disputed questions of fact; that after
accepting and arriving at consensus as per the agreement, the
writ jurisdiction is straightaway availed. However, it is settled
position of law that when effective, efficacious remedy is available
and there are disputed questions of fact, the writ court ought not
to interfere. Moreover, the judgment cited by the learned counsel
for the petitioner pertains to unamended legal provisions, and is
under distinguishable factual narrative, hence not applicable upon
the matter at hand. Therefore, no interference is called for vis-a-
vis the order dated 21.05.2025.
5. In view of the above, the instant petition is disposed of with
a liberty to the petitioner to approach appropriate forum, if
deemed essential in future, as per the provisions of law. Pending
applications, if any, shall stand disposed of.
(SAMEER JAIN),J
JKP/27
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