rf •/ ^? HIGH COURT OF CHHATTiSGARH AT BILASPUR Coraim: Hon'ble Shri Dhirendra IVIishra & Hon'bleShri R.N. Chandrakar. JJ Writ Petition (C) No.3844 of 2010 Petitioner M/s. BrijMohan Agrawal Through Proprietor: Brij Mohan Agrawal, S/o Late Shri Tara Chand Agrawal, aged about 48 years,P.O. Lakhanpur, District: Sarguja(CG) Vs. Responderits 1. 2. 3. State of Chhattisgarh Through the Principal Secretary, Pubiic Works Department, Government of Chhattisgarh Mantralaya, DKS Bhawan, Raipur (CG) The Superintending Engineer, Public Works Department, Nationai Highway Circie, Bilaspur (CG) The Executive Engineer, PubiicWorks Department, Nationai Highway Divisson, Ambikapur, Distt. Sarguja (CG) Present: Shri Mahendra Dubey with Shri Rahut Jha, counsei for the petitioner. Shri UNS. Deo, Govt. Advocate for the State. ORAL O RDER (04.10.2010) The petitioner has filed this petition against the memo of Annexure P-13 and P-14, whereby the respondent No.3 has ordered recovery of Rs.58,14,031/- against petitioner for abandoning the work under the contract agreement dated 17.04.2008. 2. Shri UNS. Deo, learned Govt. Advocate for the State submits that after filing this writ petitlon, the petitioner has already applied to the competent authority under the agreement for appointment of Arbitrator under Section 11 (5) of the Act vide Annexure R-1/2 dated 03.09.2010 and the same is pending consideration. He further submits that the petitioner may avail appropriate and efficacious remedy by filing appropriate application under Section 9 of the Arbitration and Concitiation Act, ^'=s'%. fQ.\ "^^.y/ %^.-^^f\^-' "'2NsM^^a' -^- 1996 (henceforth the 'Act') for a relief of interim nature even before the arbitration proceedings are commenced and the petition is not maintainable for availability ofalternative remedy. 3. Learned counsel for the petitioner submits that the petitioner may be permitted to withdraw this petition with liberty to avail remedies under the Act and in the meanwhile, the respondents may be directed not to take coercive steps for recovery. 4. Learned Govt. Advocate submits that he has no objection if the petition is disposed of with the aforesaid liberty. 5. Accordingiy, the petition is disposed of as withdrawn with the aforesaid iiberty. The petitioner is allowed 30 days' time to approach the competent forum under the Act and tili then the respondents are directed not to take any coercive steps against the pstitioner for recovery in this period. Prlya C.C. as per ruies. Sd/- Dhirendra Mishra Judge Sd/- R.N.Chandrakar Judge :..^ -^i