S'-K:-^.^ HIGH COURT OF CHHATTISGARH AT BILASPUR DB: HON'BLE SHRI RAJEEV GUPTA. CJ.. & HON'BLE SHRI SUNIL KUMAR SINHA. J W.P.C,No.9ie/2008 PETmONER RESPONDENTS M/S. Faruk Warsi" Proprietorship of Moh. Faruk^ Warsi, having their office at Shop No.3, Arihant Complex, near Pujari Pump, Raipur (C.G). v& 1. The State Government of C.G. through the Secretary, Public Worte Department, D.K.S. Bhawan, Mantralaya, Raipur (C.G). 2. The Superintending Engineer, P.W.D., Raipur Dh/ision, Raipur (C.G). 3. The Executive Engineer, P.W.D/Dhamtari Division, Dhamtari (C.G) WRFT PETITION UNDER ARTICLE 226 OF THE CONSTn-UTION OF INDIA FOR ISSUANCE OF A WRFT OR CERTIORARI/MANDAMUS OR ANY OTHER APPROPRIATE WRIT APPEARANCE: Shri Hemant Solapurkar, counsel forthe Petitioner. Shri N.K. Agrawal, Deputy Advocate General for the State/ respondents. ORALORDER (27.02.2009) The following order of the Court was passed by RAJEEVGUPTA.C.J. Shri N.K. Agrawal, leamed Deputy Advocate General, has raised a preliminary objection by reTerring to Clause 28 of the Agreement between the petitioner and the Department on the groundthat the petitioner has an altemative efficacious remedy of W. P(Cl. No.916/2008 Invoking arbitration clause for the redressal of the petitioner's grievances projected in the writ petition. On due consideration of the submissions of the leamed counsel for the parties and in view of the d%;ision of the Division Bench in case of Lanko Amartamtak Pawer Private Ltd. V. South Eastem CoaMelds Ltd. and offiers. AIR 2009 Chhattlsaailt 14 fDBl. we are of the opinion that it would be appropriate for the petitioner to avail the remedy provided in the arbitration ctause of the agreement. With the above observation, theWrit Petition stands disposed of. —— Sd/- Chief Justice ^ Sd/- Sunil Kumar Sinha Judge