B M CONSTRUCTION PVT LTD Vs. COMMISSIONER

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The petitioner had to complete the contract for construction of 27 duplex/triplex houses in 18 months ie. upto 23/08/2008. The petitioner sought and was granted as many as 8 extensions of time one after the other upto 31/10/2010. Thereafter on 9/12/2010 a notice was given to the petitioner, saying that if work was not completed by 10/01/2011 the petitioner would become liable for extreme action under the contract. Against that notice, the petitioner filed writ petition No. 18921/2010 which was disposed of on 10/1/2011 by this Court directing the respondents to decide the petitioner's representation by a speaking order, which was accordingly decided on 14/3/2011 affirming the action of the notice dated 9/12/2010. There is an arbitration clause in the agreement. Against the above backdrop, the second round of litigation by way of this writ petition is not being entertained in view of the efficacious remedy available under Section 9 of Arbitration and Conciliation Act, 1996.