WPMS/137/2021
2021 Latest Caselaw 1068 UK

     IN THE HIGH COURT OF UTTARAKHAND
                       AT NAINITAL
           ON THE 22nd DAY OF MARCH, 2021
                             BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

       WRIT PETITION (M/S) NO. 137 OF 2021

BETWEEN:
      M/s Mahalaxmi Construction                    ......Petitioner
      (Mr. Sanjay Kumar, Advocate)

AND:
      State of Uttarakhand & others .....Respondents
      (Mr. T.S. Phartiyal, Additional Chief Standing Counsel for the State
      of Uttarakhand/respondents)



                            JUDGMENT

Petitioner is a contractor, who was awarded a contract for construction of Jhula Pul in district Bageshwar. He is aggrieved by order dated 03.11.2020, passed by Executive Engineer, Construction Division, Public Works Department, Kapkot, District Bageshwar, whereby petitioner has been informed that his contract has been cancelled and he has been asked to deposit a sum of ` 25,12,605/-, failing which his security amount shall be forfeited and the matter shall be sent to the Collector for recovery of remaining dues.

2. Since clause 31.3 of the contract executed between petitioner and Public Works Department contains the arbitration clause, therefore, this Court is not inclined to entertain this writ petition.

3. Accordingly, writ petition is dismissed on the ground of alternative remedy with liberty to petitioner to invoke the arbitration clause.

4. For a period of three weeks no coercive action shall be taken against the petitioner.

(MANOJ KUMAR TIWARI, J.) Navin