IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1486of 2007 (M/S) M/s Harish Kumar Punera and two others. …… Petitioners. Versus Union of India and two others. … Respondents. Sri M.C.Pande, learned counsel for the petitioners. Sri Arvind Vashist, learned Assistant Solicitor General of India for the respondents. Date April 11, 2008. Hon’ble B.S.Verma, J. Sri M.C.Pande, learned counsel for the petitioners and Sri Arvind Vashist, learned Assistant Solicitor General of India for the respondents. Heard. In the course of arguments, learned counsel for the petitioners has confined his prayer for grant of relief no. vi. In relief no. vi, the petitioners have prayed for to issue any other writ, order or direction, which in the ends of justice and in the circumstances of the case this Hon’ble Court may deem fit and proper including the remedy of the arbitration available to the petitioners under Clause no. 25 of the General Conditions of Contract. Counter affidavit has been filed on behalf of the Executive Engineer, C.P.W.D. Almora, Central Division, S.S.B. Campus N.T.D. Almora. In paragraph no. 35, the following averments were made:- “35. That in regard to the paragraph no. 32 of the writ petition it is submitted that the petitioner should have exhausted the channel given in the clause 25 of general condition of contract 2 before filing the writ petition in the Hon’ble High Court. Copy of clause 25 of general condition of contract is being filed herewith and marked as Annexure CA-12 to this counter affidavit.” I have perused the clause 25 of General Condition of Contract. It has been provided therein that except where otherwise provided in the contract, all questions and disputes relating to the meaning of the specifications, design, drawings and instructions here-in before mentioned and as to the quality of workmanship or materials used on the work or as to any other question, claim, right, matter or thing whatsoever in any way arising out of or relating to the contract, designs, drawings, specifications, estimates, instructions, orders or these conditions or otherwise concerning the works or the execution or failure to execute the same whether arising during the progress of the work or after the cancellation, termination, completion or abandonment thereof shall be dealt with as mentioned hereinafter. Clause 25 further provides for the arbitration. It is pertinent to mention here that it is not disputed that in the contract agreement, there exists arbitration clause. In the last sub-paragraph of paragraph no. 39 of counter affidavit filed by the respondent no. 2 it has been mentioned that “As already stated hereinabove, clause 25 of arbitration is provided in the agreement to redress any grievance or settle any dispute between the 2 parties and should have been invoked by him instead of approaching the Hon’ble High Court.” In the circumstances of the case, as alternate remedy to invoke the arbitration clause is available to the petitioner, the writ petition is dismissed in view of alternate remedy. Costs easy. ( B.S.Verma, J. ) RCP 3 4