JUDGMENT

Abhay S. Oka, J.

Delay condoned. Leave granted.

1. The first appellant, the Bihar Industrial Area Development Authority, has been constituted under the provisions of the Bihar Industrial Area Development Act, 1974. A tender was invited by the executive engineer of the first appellant to carry out the drainage work in an industrial area. The respondent offered a bid which the first appellant accepted. Accordingly, an agreement was executed on 15th December 2007 by and between the first appellant and the respondent. After issuing a notice, the first appellant terminated the agreement and forfeited the security deposit of the respondent.

2. Under the Bihar Public Works Contracts Disputes Arbitration Tribunal Act, 2008 (for short "the 2008 Act"), the Bihar Public Works Contract Disputes Arbitration Tribunal (for short, "the Arbitration Tribunal") has been constituted for dealing with and deciding the disputes between the parties to a works contract. Clause (a) of Section 2 of the 2008 Act defines what is meant by a works contract.

3. Under sub-section (1) of Section 9 of the 2008 Act, when any dispute arises between the parties to the contract, irrespective of the fact whether such