Administration of justice --- ---- Exhaustion of remedies , doctrine of --- Said doctrine prevents a litigant from seeking a remedy in a new court or jurisdiction until all claims or

2023 SCMR 2075

 Administration of justice ---

---- Exhaustion of remedies , doctrine of --- Said doctrine prevents a litigant from seeking a remedy in a new court or jurisdiction until all claims or remedies have been exhausted ( i.e. pursued as fully as possible ) in the original one .

To conduct arbitration in terms of the Agreement , recourse was to be made through the Arbitration Act , 1940 which is the law of the land applicable for arbitration agreements --- It is not the case of either party that the arbitration was conducted or agreed to be conducted under sections 260 to 265 of the Cantonments Act , 1924 , which only applies in the event of any disagreement as to the liability of the Board to pay any compensation under the Cantonments Act , 1924 , or as to the amount of any compensation so payable for which the person claiming such compensation may apply to the Board for referring the matter to a Committee of Arbitration Committee of Arbitration to determine the matter in dispute --- In and the Board shall forthwith proceed to convene a five - member the present case , the parties opted for and agreed to the resolution of contractual dispute ( s ) through a single arbitrator , respondent should have availed the proper remedy under the and not through a Committee of Arbitration , hence the provisions of the Arbitration Act , 1940 for redress , rather than Court in the impugned judgment observed that it cannot assume approaching the High Court under writ jurisdiction --- High the task of recording evidence regarding what amount was collected by the Cantonment Board during the period under dispute in its constitutional jurisdiction , but despite that the High Court remanded the case in writ jurisdiction for de novo arbitration In the case in hand , the remedial provisions provided under the Arbitration Act 1940 could be invoked which set out an appropriate and alternate remedy as remedium juris , being more convenient , beneficial and effective and the writ petition to upset the award rendered by the arbitrator pursuant to the arbitration clause in the Agreement was not maintainable ---

2023 SCMR 2075