M/S Phular Construction Company Pvt. Ltd. v. The East Central Railway

IN THE HIGH COURT OF JUDICATURE AT PATNA

REQUEST CASE No.47 of 2022 ====================================================== M/s Phular Construction Company Pvt. Ltd. having its Registered Office at Phular, P.O. Mansurpur, District Vaishali through its Managing Director Umesh Prasad Singh, Male, Aged about 61 years, Son of Late Nand Kishor Singh, Resident of 112, Khabra @ Kiratpur Gurdas, P.O. Khabra, P.S. Muzaffarpur Sadar, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The East Central Railway having its Zonal Office at Rail Niketan, Hajipur, District Vaishali through its General Manager, East Central Railway, Hajipur, District Vaishali.

2.

The General Manager, East Central Railway having its Zonal Office at Rail Niketan, Hajipur, District Vaishali.

3.

The Chief Administrative Officer (North), East Central Railway At and P.O. Mahendrughat, District Patna.

4.

The Chief Engineeer (Con) (North/East), East Central Railway at and P.O. Mahendrughat, District- Patna.

5.

The Deputy Chief Engineer (Con) (BTH), East Central Railway at and P.O. Bettiah, District West Champaran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. S. D. Sanjay, Sr. Advocate Mr. Alok Kumar Agrawal, Advocate For the Respondent/s :

Mr. Kumar Priya Ranjan, Advocate Mr. Ankur Apurv Singh, Advocate Mr. Girish Nandan Abhishek, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 23-11-2022 The petitioner has prayed for the following relief/s :- "for appointment of an Arbitrator preferably a Retired Hon'ble Judge of this Hon'ble Court, for deciding the dispute arising out of Agreement dated 11.03.2019 executed between the parties in terms of the Arbitration and Conciliation Act, 1996 and for grant of such other

Patna High Court REQ. CASE No.47 of 2022(3) dt.23-11-2022 2/2 relief/s to which the petitioner is found entitled to the facts and circumstances of the present case." After the matter was heard for some time, learned senior counsel for the petitioner, under instructions, seeks permission to withdraw the present petition reserving liberty to file a fresh petition, on the same and subsequent cause of action, if so required and desired.

Permission granted with liberty as prayed for. As and when any such petition is filed, the same shall be listed on priority basis.

Instant petition stands disposed of as withdrawn in the aforesaid terms.

Interlocutory Application(s), if any, stands disposed of.

(Sanjay Karol, CJ) Ashwini/Sujit U