Ajay Kumar Mittal, J.

1. By way of present petition under Articles 226/227 of the Constitution of India, the petitioner prays for a direction that Clause 25(viii) of the Notice Inviting Tender (NIT)/contract be declared as bad in law being arbitrary, unconstitutional and against the principles of public policy. Further direction has been sought to release the sum of Rs. 19.336 crores to the petitioner being withheld by the respondents on account of deduction from various running bills.

2. A few facts relevant for the decision of the controversy involved as narrated in the petition may be noticed. The petitioner is a company incorporated under the Companies Act, 1956 and is having its registered office at Hyderabad. It is involved in various civil/electrical works in the country. In the year 2008, respondent No.2 issued a notice inviting tender for the extension and augmentation of water supply, sewerage scheme, pumping station and sewerage treatment plant at Mansa, Bhikhi, Budhlada, Bareta, Sardoolgarh and Talwandi Sabo towns on turnkey basis. The notice inviting tender contained various clauses including clause 25 for arbitration. Respondent No.2 issued a letter on 28.11.2