The respondent herein filed WP No. 28064 of 2011 seeking a writ of mandamus to declare that the action of the official respondents therein in not releasing the payments pursuant to successful completion of contract as arbitrary and unjust.

2. Learned single Judge, on consideration of the writ petition, came to the conclusion that out of the total amount claimed by the writ petitioner, a sum of Rs.3,95,47,986.50 is undisputed amount. Consequently the learned single Judge disposed of the writ petition by directing the respondent No.2 to make payment of the aforesaid amount to the writ petitioner on ad hoc basis and by further directing both the parties to refer the disputed four items for arbitration.

3. Aggrieved by the said order, the respondents 1 to 3 in the writ petition filed WA No. 48 of 2013 inter alia contending that the writ petition was not maintainable as it was primarily for recovery of the amounts and also that the writ petition could not be entertained when there are disputed questions of facts.

4. During the hearing before us, the learned counsel appearing for the parties almost reached a consensus for referring the matter for arbitration and the consensus