MANDAL, J. - (1.) THIS appeal is directed against the order dated September 12, 2011 passed by a learned Single Judge of this Hon'ble Court in WP No. 1214 of 2011 thereby dismissing the said writ petition.
(2.) THE question involved in the matter is whether the concerned dispute between the parties should be decided by arbitration as per provisions of the Arbitration and Conciliation Act, 1996. Mr. Haradhan Banerjee, learned Counsel appearing for the appellant has contended that by a communication dated November 17, 2005, the offer of the appellant was accepted for construction of rural road under the Pahalgaon Zilla Parishad and such works had been done successfully and for that reason a sum of Rs.12,33,783/ - was paid as part payment, but the balance amount had not been paid and so the writ petition was filed for giving necessary directions for payment of the bills already furnished by the petitioner with the respondent authority.
(3.) IN course of making argument Mr. Banerjee has contended that there should be a clear indication from this court as to which forum would be appropriate to solve the dispute. Otherwise, if the petition stands dismissed as done by the learned Single Judge, if a suit is filed by the appellant before the concerned civil Court on the self same ground, then his client may face unnecessary harassment for the self same reason. He has also contended that as per agreement between the parties, there was no clause for arbitration and as such the learned Single Judge was not justified in dismissing the application in limine. Thus, he has submitted for passing appropriate orders.;