IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10880 of 2009 IRCON INTERNATIONAL LTD. Versus THE STATE OF BIHAR & ORS ----------- 3 11.9.2009 The petitioner is a Central Government PSU in the business of construction under the administrative control of Ministry of Railways. A tripartite agreement was entered into on 27.4.2005, contained in Annexure-1, between the petitioner as party of the first part, the Governor of Bihar through the Road Construction Department as party of the second part and Ministry of Shipping, Road Transport and Highway, Government of India as party of the third part. The petitioner states that clause 5 of the agreement relates to services by the Government of Bihar. Clause 5.1 to 5.6 of the agreement enumerates the authorization made to IRCON and certain responsibilities cast on the Government of Bihar for smooth functioning of the project. The petitioner has drawn my attention to clause 8 of the agreement which provides for arbitration in case of difference or dispute between the parties. The petitioner submits that the State Government unnecessarily is encroaching upon its jurisdiction and in this respect he has referred to paragraphs 5, 6, 9 and 14 of the writ petition. He contends that respondent no.1 has to strictly abide by the terms of the tripartite agreement and not to resort to the arbitrary action against the officials of the petitioner company. The petitioner also prayed for restraining the officials of respondent no.1 from entering into the site of RSVY Project. - 2 - KHAN A counter affidavit has been filed on behalf of the State wherein it has been submitted that the writ petition itself is not maintainable. It has further been stated that the contract work was performed by one of the contractors appointed by the petitioner and the quality of the work was very poor and sub-standard. In this respect he has referred to various reports contained in Annexures D and E. After hearing counsel for the parties, this writ petition is disposed of with an observation that it would be open to the petitioner to draw the attention of the authorities to various clauses of the agreement. Further more in fact any dispute or difference arises, it would be open to the petitioner to take resort to clause 8 which provides for arbitration between the parties. (S.P.Singh,J)