IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5012 of 2011 M/S VIJAY ASSOCIATES AT BASAHI, P.O.- CHURAMANCHAK, VIA-TEGHRA, P.S. BHAGWANPUR, DISTRICT BEGUSARAI THROUGH ITS PROPRIETOR VIJAY KUMAR SON OF SRI RAM BAHADUR MAHTO, R/O VILLAGE BASUHI, P.O. CHURAMANPUR, DISTRICT BEGUSARAI. ………….PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE MANAGING DIRECTOR, BIHAR RAJYA PUL NIRMAN NIGAM LTD. 7, SARDAR PATEL MARG, PATNA-800015. 3. THE SENIOR PROJECT ENGINEER, BIHAR RAJYA PUL NIRMAN NIGAM LTD. ROAD DIVISION, DAROGA RAI PATH, PATNA. 4. THE CHIEF ENGINEER, ROAD CONSTRUCTION DEPARTMENT NORTH BIHAR, SUB ZONE, DARBHANGA. 5. THE SUPERINTENDING ENGINEER, ROAD CONSTRUCTION DEPARTMENT, DARBHANGA CIRCLE, DARBHANGA. 6. THE EXECUTIVE ENGINEER, ROAD CONSTRUCTION DEPARTMENT, ROAD DIVISION, SAMASTIPUR. ……….RESPONDENTS. For the petitioner : Mr. N.K. Malhotra, Sr. Advocate with Mr. Binod Kr. Sinha, Advocate. For the State : Mr. Prashant Pratap, GP-6 For Bihar Rajya Pul Nirman Nigam Ltd. : Mr. Md. N. Seraj, Advocate. ----------- 04/ 22.04.2011 Heard learned counsel for the petitioner, learned counsel for the State and its authorities and learned counsel for the Bihar Rajya Pul Nirman Nigam Ltd. and its authorities. 2. This writ petition has been filed by the petitioner challenging office order dated 28.12.2010 (Annexure-13) issued by Senior Project Engineer (respondent no.3) by which the petitioner’s contract for improvement of Hasanpur-Sakhughat Road in Km. 01 to 09 has been rescinded for non-completion of the work and the earnest money of the petitioner has been forfeited and also for direction to respondent no.3 to make payment of huge amount for the work done by the petitioner unauthorisedly held by him and for - 2 - other ancillary reliefs. 3. These types of cases are fit to be decided by Arbitration. Although no provision of Arbitration has been made in the agreement in question between the parties, but the general and special condition of contract was decided to form and construe as part of the agreement vide Clause 4 of Agreement No.16/2007-08 (Annexure-3). Furthermore, the provisions of the Bihar Public Works Contracts Disputes Arbitration Tribunal Act, 2008 specifically provided that even when no provision of Arbitration is made in such an agreement, the Bihar Public Works Contracts Disputes Arbitration Tribunal shall be entitled to act as an Arbitrator in such matters. 4. In these circumstances, this writ petition is disposed of with a liberty to the petitioner to approach the Tribunal for the said purpose within 15 days from today along with a copy of this order. 5. Learned counsel for the petitioner submits that there are some admitted dues whereas learned counsel for the respondents submits that there are no dues. This court does not want to go into these questions on merits and hence if the authorities find any amount due and payable to the petitioner, they must pay to the petitioner within two months from the date of receipt/production of a copy of this order. However, if no amount is found due and payable to the petitioner, the authorities concerned will pass a speaking order in that regard and the said dispute will also form part of the Arbitration as mentioned above. Harish (S.N. Hussain, J.)