VIJAY ASSOCIATES AT BASAHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the State and its authorities and learned counsel for the Bihar Rajya Pul Nirman Nigam Ltd. and its authorities.

(2.) This writ petition has been filed by the petitioner challenging office order dated 28.12.2010 (Annexure-13) issued by Senior Project Engineer (respondent no.3) by which the petitioner's contract for improvement of Hasanpur-Sakhughat Road in Km. 01 to 09 has been rescinded for non-completion of the work and the earnest money of the petitioner has been forfeited and also for direction to respondent no.3 to make payment of huge amount for the work done by the petitioner unauthorisedly held by him and for other ancillary reliefs.

(3.) These types of cases are fit to be decided by Arbitration. Although no provision of Arbitration has been made in the agreement in question between the parties, but the general and special condition of contract was decided to form and construe as part of the agreement vide Clause 4 of Agreement No.16/2007-08 (Annexure-3). Furthermore, the provisions of the Bihar Public Works Contracts Disputes Arbitration Tribunal Act, 2008 specifically provided that even when no provision of Arbitration is made in such an agreement, the Bihar Public Works Contracts Disputes Arbitration Tribunal shall be entitled to act as an Arbitrator in such matters.