IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13273 of 2008 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, District-Patna. …….. Petitioner. 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. ----------- 11/ 15.07.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for the following reliefs:- (i) For quashing the impugned order as contained in office letter no.42 E8 dated 29.07.2008 (Annexure- 19) issued by the respondent Garrison Engineer whereby and whereunder the contract for the work namely “SPL REP TO ROOF, PLINTH PROTECTION, FOOTPATH, FLOORING, PLASTERING AND WIRING IN BLDG. NO. 15,44,45,25,31 (STORES) 17 (GYMNASIUM) AND BLDG NO.23 (Family Welfare Centre) AT BRC DANAPUR CANTT.” Vide agreement no. GE (DNR)/DNR/62 OF 2005-06, of the petitioner has been cancelled w.e.f. retrospective effect i.e. 15.02.2008 in most arbitrary manner under colourable exercise of official power without any fault on the part of the petitioner. (ii) For quashing the impugned orders as contained in office letter no.54 dated 24.07.2008 (Annexure-29) as also against impugned order as contained in office letter no.58 dated 24.07.2008 (Annexure-42) issued by the respondent commander Work Engineer Ranchi (hereinafter referred as C.W.E.) whereby and whereunder both contracts works namely “SPECIAL REPAIR TO ROOF, JOINERY, FLOORING, PLUMBING AND WIRING IN BLDG. NO. 22 BIRSA HALL IN BRC DANAPUR CANTT UNDER GE DANAPUR CANTT vide agreement no. CA NO CWE/RAN/DNR/07 OF 2006-2007 and - 2 - secondly, the work namely “SPECIAL REPAIR TO ROOF PLASTERING IN BLDG NO. 7, JCOs OTM Accn (AREA 800 SQM) IN BRC DANAPUR CANTT UNDER GE DANAPUR CANTT. Vide agreement no. “CA NO CWE/RAN/DNR/08 OF 2006-2007,” of the petitioner have been cancelled in most arbitrary and whimsical manner & under colourable exercise of power respectively, without any fault on the part of the petitioner. (iii) For commanding the respondents to hand over the vacant entire works site buildings of all the aforesaid three contract works to the petitioner and grant fresh reasonable time for completion of rest works as also revise the rate of construction materials as per their (Respondent Department) own official market inflation report as the works are prolonged due to the lapses and inaction/mis-action of the respondents themselves and without any fault on the part of the petitioner or in alternative, get the works measured and release the payments to the petitioner without any damage/compensation and close the contracts in normal way without any penalty/ risk & cost. (iv) For other reliefs as well. 3. From the arguments of the parties as well as from the materials on record, it is quite apparent that the dispute is with respect to clauses of the agreement for which arbitration has been provided under the provisions of the Arbitration and Conciliation Act, 1996. 4. Learned counsel for the respondents submits that Clause 70 of the Agreement between the parties specifically provides for settlement of dispute through arbitration. He further submits that the respondents-authorities have been inviting the petitioner since 1st of March, 2011 for settling the dispute by arbitration, but the arbitrator could not be appointed only because the petitioner has not been cooperating for the said purpose. 5. From the materials it further transpires that there are - 3 - certain facts which are disputed and cannot be settled by this court properly and the entire dispute can properly be discussed, considered and decided in an arbitration proceeding which can look into all the disputed questions of facts and the evidences etc. 6. In the said circumstances, this writ petition is disposed of with a direction to the petitioner to immediately approach the concerned authority and name its Arbitrator so that an Arbitral Tribunal be formed and the matter is decided expeditiously. The arbitration shall be done strictly in terms of the agreement. Sunil (S. N. Hussain, J.)