Writ Petition No.1872 of 2011 10.10.2011 Shri Vijay Assudani, learned counsel for the petitioner. Shri Prakash Verma, learned counsel for the respondents. With consent heard finally. By this petition filed under Article 226 of the Constitution of India, the petitioner is seeking quashment of the order dated 27.12.2010 (Annexure P-7) and the order dated 10.01.2011 (Annexure P-8) passed by the first and the second respondents. According to the petitioner, the respondents cannot act as an Arbitrator in their own cause in view of the law laid down by a Full Bench of this Court in the case of B.B.Verma & another Vs. State of M.P. & another 2007 (III) MPJR (FB) 251. As per the petitioner, the respondents have not only adjudicated the amount of penalty/compensation but have also threatened to recover it from the security/deposit of the petitioner. It is the case of the petitioner that in view of the specific mention in the agreement entered into between the parties about reference of the dispute to the M.P. Arbitration Tribunal, the dispute requires to be decided by the M.P. Arbitration Tribunal constituted under the M.P. Madhyastam Adhikaran Adhiniyam, 1983 and till such decision is taken by the said Arbitration Tribunal the respondents could not have proceeded for recovery as proposed by them by the impugned order. Learned counsel appearing for the respondents very fairly stated that the respondents are not proceeding to take any coercive steps in the matter till the dispute is decided by the Arbitrator. In view of the aforesaid stand, we are inclined to dispose of this petition with liberty to the petitioner to take recourse of the arbitration clause as provided under the clause of arbitration in the agreement within 90 days. In case the petitioner fails to approach the M.P. Arbitration Tribunal within 90 days the respondents shall be free to take appropriate steps for recovery of the amount in pursuance to the impugned order dated 27.12.2010 (Annuxure P-7) and the order dated 10.01.2011 (Annexure P-8). If the petitioner approaches the Arbitration Tribunal within 90 days the respondents shall not be entitled to recover the amount in pursuance to the impugned orders dated 27.12.2010 (Annexure P-7) and dated 10.01.2011 (Annexure P-8) till the matter is finally adjudicated by the said Tribunal. With the aforesaid observations/directions the petition stands dispose of. Cc within three days. (Shantanu Kemkar) (Prakash Shrivastava) Judge Judge AM.