IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16744 of 2010 SHREE SHANKER & COMPANY, a partnership firm through its managing partner Jitendra Kumar Gupta, s/o late Om Shanker Gupta, resident of Bus stand, Danapur, P.S. Danapur, Distrct, Patna…… Pestitioner. Versus 1. THE UNION OF INDIA through the Secretary, Ministry of Defence, South Block, New Delhi. 2. The Chief Engineer, Jabalpur Zone, Bhagat Marg, Jabalpur, M.P. 3. The Commander Work Engineer (C.W.E.) MES.Deepatoli, Ranchi. 4. The Garrison Engineer, Danapur Cantt,,Patna. 5. The Assistant Garrison Engineer, B/R, Danapur, Cantt. Patna…. Respondents ----------- For the petitioner: Mr. Shankar Dayal Singh, Advocate For Union of India: Mr. Sarva Deo Singh,C.G.C. ---- 2. 4.10.2010 The petitioner has come to this Court on account of cancellation of its contract and conclusion of fresh contract for the left over work (balance work) at its risk and cost. The writ petition raises a large number of issues of facts, which cannot be properly gone into in the present proceedings. It is pointed out by learned counsel for the petitioner that there is an arbitration clause in the contract.In that view of the matter, let the petitioner invoke the arbitration clause, if so advised. Learned counsel for the petitioner prays for interim protection with respect to the show cause issued to it as to why it should not be removed from the approved list of contractors.It - 2 - is for the petitioner to file reply to the show cause issued to it and it is for the authorities to consider the same in accordance with law. Any other grievance of the petitioner with respect to interim protection regarding fresh contract having been concluded for the left over work at its risk and cost can be availed of by the petitioner through appropriate proceedings under the Arbitration and Conciliation Act. The writ application is dismissed with the aforesaid observations and directions. VPS ( Ramesh Kumar Datta, J. )