WP(C) 4974/2009 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mrs. Gogoi, learned counsel for the petitioner, Mr. Goswami, learned Stand ing Counsel, PWD appearing for the respondent Nos.1 to 3 and Mrs. Phukan, learne d State counsel appearing for the respondent No.4. The petitioner by the present petition has challenged the communication dated 13 th August, 2009 issued by the Executive Engineer, PWD, Silchar Rural Road Divisi on requesting the petitioner to deposit an amount of Rs.2,85,342/-. It appears from the said communication that the work order issued in favour of t he petitioner was terminated on 28th November, 2008 and according to the Executi ve Engineer, whatever amount was due and payable to the petitioner has been paid but the aforesaid amount is still payable by the petitioner to the department. It is an admitted position of fact that the petitioner filed an application unde r Section 11 of the Arbitration and Conciliation Act, 1996 for appointment of an arbitrator, which proceeding has been dismissed for default 30th September, 201 1. That apart, by the aforesaid communication dated 13th August, 2009, the Exec utive Engineer, Silchar Rural Road Division has only requested the petitioner to deposit the aforesaid amount. That being the position, the present petition is disposed of giving liberty to t he petitioner to approach the appropriate forum in the event any order for recov ery of the said amount is passed. The petitioner may also take required steps f or revival of the aforesaid proceeding filed under Section 11 of the aforesaid A ct. The writ petition is accordingly disposed of. No costs.