Patna High CourtCWJC/21783/2012dismissed

M/S Pradip Lamp Works v. The Union Of India And ORS

2016-10-17Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21783 of 2012 =========================================================== M/S Pradip Lamp Works, Jay Krishna Road, P.S. Chowk, Patna City, District Patna, Through its Partner Shri Chandra Krishna Rohatgi .... .... Petitioner

Versus

1. The Union of India, through the Secretary, Ministry for Railways, Rail Bhavan, New Delhi

2. The General Manager, Locomotive Works, Varanasi

3. Chief Design Engineer (CDE), Diesel Loco Works, Varanasi

4. Chief Quality Assurance Manager, Diesel Loco Works, Varanasi

5. Dy. Chief Materials Manager (DSL), Diesel Locomotive Works, Varanasi

6. Dy. Chief Materials Manager (Depot), Diesel Locomotive Works, Varanasi

7. M/S Rohit Electricals, Varanasi 52/82, Co-Operative Building, Near Mint. House Crossing, P.S. Cantonment, Nadeshar, Varanasi 221002

8. M/S Allied Engineering, Varanasi 7,Anoop Katra, Near Girja Ghar Crossing P.S.- Luxa, Varanasi .... .... Respondents =========================================================== Appearance:

For the Petitioner : Mr. S.P.Tiwary, Advocate For the Respondents : Mr. Bijoy Kumar Sinha, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 17-10-2016 Heard the parties.

2. At the outset this Court takes note that Clause 2900 of the Indian Railway Standard Conditions of Contract provides for the forum of arbitration for resolution of disputes and differences between the parties, which is available to the petitioner for redressal of the grievances raised in the present writ petition.

3. In the above view of the matter, therefore, this Court is not inclined to enter into the merits of the matter. The writ petition is

Patna High Court CWJC No.21783 of 2012 dt.17-10-2016 dismissed with liberty to the petitioner to take recourse of the remedy by way of arbitration in terms of Clause 2900 of the Indian Railway Standard Conditions of Contract.

(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 19.10.2016 Transmission Date N.A.