- (1.) The Court : The petitioners in this WP under art.226 dated January 17, 2012 are questioning a notice dated December 30, 2011 issued by the Superintending Engineer, Western Circle-II, Public Works Department, Government of West Bengal.
(2.) Relevant part of the notice is quoted below: In these circumstances, I would like to inform you that the department s is not unable to proceed further delay and also compelled to impose penalty @2.0% (Two point zero percent) on the tendered amount of the whole work. Now you are therefore requested to deposit amount Rs.1,14,703/- (Rupees one lakh forteen thousand seven hundred three only) (i.e.2.0% of Rupees 57,35,165/-). Within 15 (fifteen) days from the date of received of this memo, failing which Department will proceed to recovered the same amount from your pending bill lying with Howrah Division, P.W.D. or otherwise you will not be allowed to participate any tender under this jurisdiction for 1 (one) year."
(3.) Mr Roychowdhury appearing for the petitioners submits as follows. The contract between the parties in its cl.25 contains an arbitration agreement.;