High CourtsSingle Bench

M/s Mahalaxmi Construction vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 22 March 2021 · Citation: (2021) 03 UK CK 0147

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (M/S) No. 137 Of 2021
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Judgment

5 paragraphs · 152 words

Manoj Kumar Tiwari, J

1.

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 Rs. 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.