THE HON’BLE SRI JUSTICE V.ESWARAIAH W.P.NO.17342 OF 2005 Dt.16.12.2005 Between: Y.Chinna Reddy … Petitioner And Union of India, rep. by the General Manager, South Central Railway, Secunderabad and 3 others. … Respondents ORDER: Heard the learned counsel for the petitioner as well as the learned Standing Counsel on behalf of the respondents. The petitioner seeks writ of mandamus declaring the inaction of the respondent-Railways to make payment of the admitted amounts due to the petitioner covered by Agreement No.56/South/BZA/2004 dated 26.7.2004 for execution of the works “(a) NLR – Creation of 2nd entry on East side involving extension of existing booking office for concourse, portico, conversion of existing booking office into waiting hall (b) NLR – Creation circulating area in front of booking office and parking place near goods shed” is contrary to law and arbitrary and consequently seek direction to the respondents to make the payment of admitted amounts. It is the case of the petitioner that even after executing the works under the agreement dated 26.7.2004 final bills have not been paid to the petitioner. Counter affidavit has been filed on behalf of respondents 1 to 4 stating that only admitted amounts of Rs.85,106/- are payable by the respondents and the same amount will be paid to the petitioner as soon as he signed the measurements recorded in M.B and bill. In so far as the other contention that the respondents are unduly delaying the payment of amounts is denied. It is stated that there is an arbitration clause in the agreement for arbitration with regard to settlement of disputes as per clause 64 of General Conditions of contract and the petitioner was carrying out various contract works in Vijayawada division of South Central Railway by entering into agreement and he is fully aware of the arbitration clause. Without expressing any opinion on the merits of the case, since the disputed questions of fact cannot be adjudicated in this writ petition in view of arbitration clause and having regard to the facts and circumstances of the case, the respondents are directed that the admitted amounts may be paid after following due process of law within eight weeks from the date of receipt of a copy of this order. It is open for the petitioner to invoke arbitration clause for the disputed amounts and for settlement of all other disputes. The writ petition is disposed of according. No costs. __________________ (V.ESWARAIAH, J.) 16.12.2005 kpr