IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14803 of 2009 M/S VOTIVE-SARK, A CONSORTIUM OF COMPANIES HAVING ITS REGISTERED OFFICE AT 6-3-801,II FLOOR, CRYSTAL ARCADE, AMEERPET, HYDERBAD-500016, THROUGH ITS PROJECT MANAGER AND PERSON AUTHORIZED SRI RAJAN S/O LATE RAM SWARATH PRASAD SINGH, R/O FLAT NO.A-4 JHULA APARTMENT, ANANDPURI, PS-BUDHA COLONY,DISTT-PATNA --------------------------------PETITIONER Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY-CUM- COMMISSIONER, RURAL DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR,PATNA 2. THE DISTRICT MAGISTRATE, PATNA 3. THE DEPUTY DEVELOPMENT COMMISSIONER, PATNA, DISTT-PATNA 4. SMAARFTECH TECHNOLOGY PVT. LTD.BORING CANAL ROAD,PATNA 5. RAJIV KUMAR SINGH S/O- NOT KNOWN,DEPUTY DEVELOPMENT COMMISSIONER, PATNA---------------RESPONDENTS ----------- For the Petitioner: Mr. B.K.Choudhary,Sr.Advocate Mr. Mrigank Mauli, Advocate For the D.R.D.A.: Mr. Nilesh Kumar, Advocate For the State: A.A.G-2 ----------- 5 8.1.2010 Heard learned counsel for the parties. The Court would not like to record the various submissions and the pleadings which are there on record least it may reflect on the merit of the case of the two parties to the dispute. With the kind of dispute which has been raised against annulment of the contract, awarded to the petitioner in terms of annexure-19 dated 24.7.2009 the dispute requires to be adjudicated upon by raising an arbitration which is part of the agreement contained in annexure-3. Petitioner would be well advised to demand arbitration and resolve all the issues through an arbitrator. Learned Senior counsel thereafter submits that the Company has done work specially in establishing what is known as BIC for various blocks and supply of various hard-ware and soft-ware was made after the agreement was executed on 17th August, 2007. Now because of the dispute the bills have not been - 2 - settled. The respondents therefore should be directed to settle the payments raised by the petitioner. To such a submission this Court can only record that it will depend upon the terms of reference to the arbitrator. If the bills and their payments or their non-payments are not a subject matter of reference to the arbitrator by either side, then the Court sees no impediment in the parties sitting together and working out the liability on items where no dispute exists with regard to payment. Disposal of the writ application will not come in the way of settlement of the accounts on the agreed amount. Settlement of the bills may be sorted out within a period of eight weeks from the date the petitioner raises a fresh claim with the supporting evidence in this regard. This writ application is disposed of with the above directions. RPS (Ajay Kumar Tripathi, J.)