IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10704 of 2010 Ram Pravesh Rai, Estate Private Limited, 44, Patliputra Colony, Patna- 800013 Through Its Managing Director Ram Pravesh Rai, S/O Sri Kamla Rai, P.S.- Patliputra, Distt.- Patna……………Petitioner. Versus 1. The State Of Bihar Through The Secretary Road Construction Department, Bihar, Patna 2. The Engineer-In-Chief Road Construction Department, Bihar, Patna 3. The Chief Engineer, Road Construction Department, N.H. Wing, Bihar, Patna 4. The Superintending Engineer, Road Construction Department, (North Bihar), N.H. Circle, Muzaffarpur 5. The Executive Engineer, Road Construction Department, N.H. Division, Motihari……………………….Respondents. For the petitioner : Mr. S.N. Singh, Advocate. For the respondents : Mr. P.K. Verma, AAG-V with Mr. Prabhat Kumar Sharan, AC to AAG-V ----------- 06/ 21.07.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for directing the respondents authorities to make payment of bonus as per clause 2(a) of clauses of SBD contract for which the petitioner claims to be entitled in law and to refund the amount of penalty imposed on the petitioner for non-proportionate achievement during the rainy season vide memo no.713 dated 18.06.2007 and for other ancillary reliefs. 3. In the instant matter the petitioner has raised a claim with respect to money as per the contract and the respondents deny the same on one pretext or the other. Section 2 (e) of the Bihar Public Works Contract Disputes Arbitration Tribunal Act, 2008 specially provides that ‘Dispute’ would include the aforesaid matter and section 2(k) defines ‘works - 2 - contract’ which includes construction work involved in this case. Section 9 of the Act provides that where any dispute arises between the parties to the contract, either party shall, irrespective of whether such contract contains an arbitration clause or not, refer within one year from the date on which the dispute has arisen, such dispute in writing to the Tribunal for arbitration in such form and accompanied by such documents or other evidence and by such fees, as may be prescribed and the said dispute shall be tried and decided by the Bihar Public Works Contracts Disputes Arbitration Tribunal which according to section 11 had the powers of the court. 4. Since the aforesaid Tribunal has now become functional, the petitioner should have approached the said Tribunal instead of coming to this court as the Tribunal was competent to decide such dispute in accordance with law. 5. In the said circumstances, this writ petition is disposed of with a liberty to the petitioner to approach the Tribunal with respect to the matter in dispute. Harish (S.N. Hussain, J.)