1 13 S.B. CIVIL WRIT PETITION No. 2358/2008 [ARYA U-CLIX E SERVICE VS. STATE & ORS.] Dated : 11.04.2008 HON'BLE MR. MUNISHWAR NATH BHANDARI, J. Mr.Vinay Srivastav for the petitioner. ***** This writ petition is directed to file against the imposition of penalty at the same time improper consideration of the representation so made by the petitioner for waiver of the penalty. It is contended by the learned counsel for the petitioner that even pursuant to the order of this Court, the representation so made by the petitioner was not properly considered and thus petitioner is left with no option but to prefer this writ petition again challenging the arbitrary and illegal action of the respondents which otherwise in violation of the principle of natural justice. Perusal of the agreement between the parties shows that so far as penalty clause is concerned, it provides that District Collector can waive penalty if the reasons given for the failure beyond the control of service provider. The representation made by the petitioner was however, not accepted by the District Collector but there being a clause for arbitration, which permits remedy which includes the grant of benefit of compensation in view of loss and damages in case of breach or otherwise, the petitioner 2 cannot invoked the jurisdiction of this Court inasmuch as the petitioner has to necessary seek redressal of his grievances through the arbitration. In view of the above, this writ petition is not maintainable, petitioner is given liberty to approach the authorities for reference of the matter to the Arbitrator as per Arbitration Clause. Petitioner would also be at liberty to move an application under Section 9 of the Arbitration and Cancellation Act, 1996 if law permits. With the aforesaid liberty, the writ petition is dismissed. (MUNISHWAR NATH BHANDARI), J. Mamta