Vineet Kothari, J. - (1.) HEARD learned counsels for the parties. The present writ petition has been filed by the petitioner against the PDR recovery of the contractual amount under the contract awarded by the respondent -I.G.N.P. Project of the State Government.
(2.) UNDER the interim order of this Court the petitioner has deposited a sum of Rs. 3 lacs against disputed demand of Rs. 13,19,251/ - pursuant to order passed on 29.04.2011 by a coordinate bench of this Court. Mr. V.K. Aggarwal, learned counsel for the petitioner -contractor submitted fairly enough that due to family circumstances, the petitioner intends to deposit the remaining sum of Rs. 10,19,251/ - besides already deposited sum of Rs. 3 lacs, the petitioner shall also clear off the dues of the respondent -Department, subject to its right to litigate the issue in the present writ petition.
(3.) UPON a Court question as to why dispute between the parties arising out of the contract cannot be resolved by an alternative dispute resolution mechanism through Arbitrator, since the Government contracts contains an arbitration clause, namely, Clause 23 in the present case also.;