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2. Learned counsel for the petitioner in the case in hand raised two grounds, first, the error apparent on the face of record as is evident from the fact that petitioner was not a party to the agreement executed between the Public Works Department and M/s Theme Engineering Services Pvt. Ltc., Jaipur and has been relegated to avail the arbitration remedy under the contract, which is not permissible in the eyes of law. Secondly, existence of new material which was not available at the time when the original order in writ petition was passed. He referred the order dated 30/3/2021 passed by Principal Secretary, Government of Madhya Pradesh, Public Works Department in which the representation preferred by the employer M/s. Theme Engineering has been rejected. The said representation was heard and decided in pursuance to the direction given in order dated 27/2/2021 decided at Principal Seat, Jabalpur.

4. Counsel for the State opposed the prayer and while supporting the impugned order submits that no case for interference is made out.

5. Heard.

6. In the instant case, petitioner takes exception to the order dated 26/3/2021 under review jurisdiction on the ground of order dated 30/3/2021 in which Principal Secretary, Public Works Department considered the representation preferred by M/s Theme Engineering i.e. employer of the petitioner as per order dated 27/2/2021 passed by coordinate Bench at Principal Seat Jabalpur in W.P.No. 2833/2021) and made some observations in respect of conduct of petitioner.

10. So far as, new facts in respect of consideration of representation and order dated 30/3/2021 is concerned, it refers conduct of petitioner but in the case of company M/s Theme Engineering, therefore, although it does not give a justifiable cause for the petitioner to move review petition but looking to the facts and circumstances of the case, order dated 26/3/2021 passed by writ Court can be modified to the extent that petitioner can avail the remedy of settlement/arbitration clause as well as to prefer representation before the Principal Secretary, PWD, who shall consider the same on the basis of different clauses under the bid document and consultancy agreement and pass a reasoned order either way in accordance with law as expeditiously as possible preferable within three months from the date of submission of representation.