@#@#@#@#@#@#@ HONOURABLE DR.JUSTICE G.YETHIRAJULU WRIT PETITION NO:2206 of 2000 DATED: 14-02-2008 Between: M/s.Sinclaire Infra Tech Ltd., Kushaiguda (a company regd.with Registrar of Companies under Companies Act), rep.by its Director (Operations) Sri S.Satish Kumar ..... PETITIONER AND 1. Government of India, Department of Telecom, rep.by its Assistant Director General (VCF) and 3 others. .....RESPONDENTS @#@#@#@#@#@#@ ORDER: This writ petition has been filed by the petitioner seeking to declare the impugned letter dated 19-06-2001 issued by the 4th respondent and the action of the respondents in deducting and with holding the amounts payable to the petitioner without any proceedings or determination of the claim by them as arbitrary, illegal, void ab-initio and against the principles of natural justice. The petitioner entered into a contract for supply of some equipment. The respondents valued the equipment supplied by the petitioner and found it is of lesser value, therefore, the respondents deducted certain amounts from the bills payable to the petitioner. The petitioner being aggrieved by the said deductions approached this Court through this writ petition. It is contended by the learned counsel for the petitioner that no reasons are assigned by the respondents as to what purpose the deductions were made and what were the observations made by them while inspecting the equipments supplied by the petitioner. Learned counsel for the respondents submitted that the petitioner entered into a contract with the respondents which contains an arbitration clause. If there is any grievance for the petitioner in respect of the deductions made by the respondents, the remedy is to approach the Arbitrator for adjudication of the dispute and a writ petition under Article 226 of the Constitution of India cannot be maintained. In support of his contention, he relied on a judgment of the Division Bench of this Court in W.A.No.1061 of 2005 dated 09-10-2006, wherein the writ petition was dismissed giving liberty to the respondent to avail remedy by way of arbitration in terms of the agreement. As the case covered by this writ petition is also of the same nature, the principle laid down by the Division Bench is application to this case also. The writ petition is accordingly dismissed as not maintainable. However, the petitioner is at liberty to seek the remedy before the Arbitrator by invoking the terms of the agreement. No order as to costs. _________________ 14th February, 2008 SKM