WP(C) 9191/2003 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. M.K. Choudhury, the learned Sr. counsel for the petitioner and Mr. Singh, the learned Sr. counsel appearing for the respondent railways. The petitioner by the present petition has challenged the communication dated 15.09.2003 issued by the Deputy CE/TP, for General Manager(W), N.F. Railwa y, intimating the petitioner that his request for termination of contract as per Force Majeure Clause (due to labour strike) has not been accepted and the railw ay shall proceed to purchase the materials, for supply of which the work order w as initially issued in favour of the petitioner, through other agencies at the r isk of the petitioner and in case there is any loss or expenditure in that respe ct, the same shall be recovered from the petitioner. The petitioner has also cha llenged the consequent tender notice dated 03.11.2003 issued by the Dy. Chief En gineer/TP calling for tenders for supply of the materials at the risk of the pet itioner. A further prayer has also been made to direct the respondent authority to terminate the work order dated 26.12.2002 by invoking the Force Majeure Claus e and without any financial implication on either side. An interim order dated 07.11.2003 was passed by this Court suspending th e impugned communication dated 15.09.2003, whereby Risk Purchase action has deci ded to be taken against the petitioner. By another interim order dated 02.12.200 3 while the railway administration was allowed to proceed with the tender proces s, it was directed not to take any final decision in regard to Risk Purchase act ion. The said interim orders are still in force. The general condition of contract of the railway is admittedly applicabl e in the present contract in question, which contains a clause for arbitration r equiring the parties to resolve their dispute through arbitration. Since the prayer made in the present writ petition for directing the res pondent authorities to terminate the contract dated 26.12.2002 without any finan cial implication and by invoking Force Majeure Clause in the contract, cannot be allowed without determination of question of fact as to whether the circumstanc es existed to invoke such clause, which cannot conveniently be decided in a writ proceeding, the petitioner may approach the railway administration for referenc e of the dispute to the arbitrator, in view of that arbitration clause contained in general conditions of the contract. In case such approach is made within a p eriod of 4(four) weeks from today, the railway administration shall take necessa ry action on such representation for the purpose of referring the dispute to the arbitration, in terms of the arbitration clause. Till such decision is taken, t he interim order passed on 07.11.2003 as well as on 02.12.2003 shall continue. O nce such decision is taken, it would be open to the petitioner to take appropria te legal steps as may be available to it. The writ petition is accordingly disposed of. No costs.