SHIV SHANKAR CONSTRUCTION Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the counsel for the parties.

(2.) 2. Petitioner is a body corporate and registered in the Irrigation Department, earlier as Grade I and now as Grade II super contractor for two decades.

(3.) PETITIONER 'scase is that in spite of the order of this Court in C.W.J.C. No. 3100 of 2003, dated 1.9.2003, respondent no. 3 vide his letter no. 5250, dated 24.9.2003, has stayed payment of petitioner relating to other contract which has nothing to do with the present controversy. This action of the respondents is in the teeth of the order passed in the writ application. This order is in contempt of the order passed in C.W.J.C. No. 3100 of 2003, dated 1.9.2003. In reply to this contention of the petitioner, counsel for the respondents has submitted that letter no. 5250, dated 24.9.2003, and subsequent letters were issued by respondent no. 3 in pursuance of the exercise of right vested in the Government under Clause I of F -2 Agreement. So far institution of arbitration proceeding is concerned, it is in pursuance to the order, dated 11.3.2004, passed in LP.A. No. 326 of 2004 and Clause 23 of F -2 Agreement.