Ms.Fairdeal Engineering And Body Buliding Co Pvt Ltd v. The East Centra Railway And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11526 of 2012 =========================================================== Ms.Fairdeal Engineering And Body Buliding Co Pvt Ltd Of 'Stephen House', 4, BBD Bag (East), 3rd Floor, Room No. 51C, Kolkata - 700001 .... .... Petitioner

Versus

1. The East Central Railway, Hajipur at Vaishali through its Zonal Manager

2. The General Manager/Engineering East Central Railway, Hajipur, Vaishali

3. The Principal Chief Engineer, East Central Railway, Hajipur

4. The Chief Engineer, T.S.P., East Central Railway, Hajipur .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : Mr. Ashok Kumar Keshari, Sr Advocate Mr. Sanjay Kumar Singh, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 16-05-2016 Despite repeated calls no one appears on behalf of the petitioner to press the writ petition.

2. The present writ petition has been filed for quashing the letter no. 2088 dated 01/05.06.2012 issued by the Chief Engineer/TSP from the office of General Manager (Marketing) whereby and whereunder it has been informed to the petitioner that the competent authority has imposed forfeiture of EMD of Rs. 10.00 lacs as per tender condition; and for connected reliefs.

3. Learned counsel for the respondent Railway submits that the present writ petition is not maintainable in view of the remedy of arbitration available to the petitioner.

4. Be that as it may, in view of non-representation on

Patna High Court CWJC No.11526 of 2012 dt.16-05-2016 behalf of the petitioner when the matter is called, the writ petition stands dismissed for non-prosecution.

(Vikash Jain, J) Chandran AFR/NAFR NAFR CAV DATE Uploading Date 17.05.2016 Transmission Date