M/S Tirupati Balaji Enterprises, v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.954 of 2024 ====================================================== M/s Tirupati Balaji Enterprises, through its Proprietor Yogendra Sharma, aged about 57 Years, Male, Son of Late Thakur Sharma, Resident of Village and P.O.-Newari, P.S. Makhdumpur, District-Jehanabad, Office at Anand Vihar Colony, East Bahadurpur, Telephone Exchange, Bhootnath Road, Patna800026. ... ... Petitioner/s

Versus

1.

The Union of India through G.M., E.C. Railway, Hajipur. 2.

The Divisional Railway Manager (Engg). E.C. Railway, Dhanbad, Jharkhand.

3.

The Sr. Divisional Enginer (II), East Central Railway, Dhanbad. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Respondent/s :

Dr. K.N. Singh, Additional Solicitor General ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 02-07-2024 The preliminary objection raised in consideration of the writ petition which challenges the cancellation of contract under Clause-62 of the General Conditions of Contract (for brevity 'GCC') is that there is an alternate remedy by way of conciliation of disputes as provided under Clause-63 of the GCC, which could also lead to an arbitration under the Arbitration and Conciliation Act, 1996, if conciliation is not possible.

2. In such circumstances, leaving open the remedy of

Patna High Court CWJC No.954 of 2024(8) dt.02-07-2024 2/2 the petitioner to approach the competent authority under Clause63 of the GCC, we close the writ petition without any observation on the merits.

(K. Vinod Chandran, CJ) (Partha Sarthy, J) avinash/- U