JUDGMENT

1. The Petitioner has filed the present writ petition being aggrieved by the order dated 25.09.2020 by which the contract in question has been cancelled.

2. The facts of the case reveal that the Notice Inviting Tender (NIT) inviting bids for development of storage of wheat at Agra under Design, Build, Finance, Own and Operate (DBFOO) basis was issued in the year 2017. The Petitioner being a successful bidder was issued a Letter of Acceptance on 19.06.2018.

3. The Petitioner's contention is that on account of COVID-19 Pandemic, the Petitioner was not able to carry out the work. There are also other grounds raised by the Petitioner for failure to carry out the work. As the Petitioner could not complete the work as per the terms of the contract, the Respondent organisation has terminated the contract.

4. Learned Counsel for the Respondent, at the outset, has drawn the attention of this Court towards Clause 25 of the Concession Agreement dated 03.01.2020 which is a dispute resolution mechanism and the same reads as under:

"ARTICLE 25

25. DISPUTE RESOLUTION/GOVERNING LAW AND JURISDICTION

25.1. Dispute Resolution Governing Law and Jurisdiction

1.1 Any dispute, difference or cont