HIGH COURT OF JUDICATURE CHHATTISGARH : BILASPUR SINGLE BENCH : HON'BLE SHR! S.R. NAYAK, CJ. WR1T PEimON N0,1053 QF2W6 M/s S.R. Construction, Through its Managing Partner, K.V. Narsimharao, Aged about 40 years, S/o Shri Mohan Rao, Head Office - At 203, Sri Nilayam Apartments, Nirmal Nagar, Ongole, Prakasam, Andhra Pradesh, Camp OfRce - Shant! Lodge, Raigarh, Distt. Raigarh, C.G. Versus RESPONDENTS Consultants 2. 3. Teiecommunications India Ltd., (Govt. of India Enterprises) Through - its Managing Director, Head Office - TCIL Bhawan, Greater Kailash-1, NewDelhi-110048 Project Director - L-25, Anupam Nagar, Near T.V. Tower, Raipur, Project Manager: H.No. 36/279, Chopra Gali, Vikas Nagar, Kotra Road, Raigarh, Chhattisgarh Present: Shri V.V.S. Murthy, learned Sr. Advocate with Shri Pankaj Shrivastava, learned counsel forthe petitioner. Shri A. Shivram Dashrath, learned counsel for respondents. ORAL ORDER (Passed on 27tn April, 2006) The dispute brought before the Court by way of this writ petition arises out of an action of. the respondents terminating the contract awarded to the petitioner-Construction Company to lay a road. 1 have perused the tender document. Clause 12 of the tencier document contains arbitration clause. The dispute brought before the Court essentiatly falls within the domain ofdisputed facts. Therefore, 1 decline @- w to entertain the writ petition. The writ petition is accordingly dismissed. The petitipner can work out its legal remedies resorting to arbitration clause contained in Clause 12 of the agreement. If the petitioner takes necessary steps under the arbitration clause within one month from today, the Arbitrator shall decide the reference on merits without reference to the limitation incorporated in Clause 12 of the agreement. No costs. Sd7- Chief Justice Q^b^