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Patna High CourtCWJC/9189/2016disposed

Tribhuwan Arora J V v. The Union Of India And ORS

2022-01-21Mr. Justice Mohit Kumar Shah,Mr. Justice Rajan Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9189 of 2016 ====================================================== Tribhuwan Arora (JV) having its registered office at 93 Sarashwati Apartment, S. P. Verma Road, District- Patna through its authorized representative Abhishek Kumar Singh, Son of Tribhuwan Narayan Singh, Resident of Chandra Shekhar Nagar Rauza Ghazipur,Uttar Pradesh. ... ... Petitioner/s

Versus

1.

The Union of India through General Manager, East Central Railway, Hajipur.

2.

East Central Railway through its Central Manager, Hajipur-844109. 3.

General Manager, East Central Railway, Hajipur -844109. 4.

Chief Administration Officer (Constructions), East Central Railway, Mahendrughat, Patna-800004.

5.

Chief Engineer, (Constructions) East Central Railway, Mahendrughat, Patna800004. 6.

The Deputy Chief Engineer, (Constructions), East Central Railway, Barkakana, Jharkhand.

... ... Respondent/s ====================================================== with Civil Writ Jurisdiction Case No. 9190 of 2016 ====================================================== Tribhuwan Arora (JV) having its registered office at 93 Sarashwati Apartment, S.P.Verma, Road, District- Patna through its authorized representative Abhishek Kumar Singh, Son of Tribhuwan Narayan Singh, Resident of Chandra Shekhar Nagar, Rauza Ghazipur, Uttar Pradesh. ... ... Petitioner/s

Versus

1.

The Union of India through General Manager, East Central Railway, Hajipur.

2.

East Central Railway through its General Manager, Hajipur-844109. 3.

General Manager, East Central Railway, Hajipur -844109. 4.

Chief Administration Officer (Constructions) East Central Railway, Mahendrughat, Patna-800004.

5.

Chief Engineer, (Constructions) East Central Railway, Mahendrughat, Patna800004. 6.

The Deputy Chief Engineer, (Constructions) East Central Railway, Barkakana, Jharkhand.

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

(In Civil Writ Jurisdiction Case No. 9189 of 2016) For the Petitioner/s :

Mr. Jay Prakash Sharma, with Mr. Anjani Kumar Jha, Advocates For the Respondent Nos. 1 to 6 :

Mr. Ashok Kumar Keshari, with Mr. Satyeshwar Prasad, Advocates

Patna High Court CWJC No.9189 of 2016(7) dt.21-01-2022 2/2 (In Civil Writ Jurisdiction Case No. 9190 of 2016) For the Petitioner/s :

Mr. Jay Prakash Sharma, with Mr. Anjani Kumar Jha, Advocates For the Respondent Nos. 1 to 6 :

Mr. Ashok Kumar Keshari, with Mr. Satyeshwar Prasad, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 21-01-2022 The matter has been heard via video conferencing. A perusal of the agreement shows that it contains an arbitration clause therein. All factual disputes can be gone into under the arbitration if invoked by any party. We, thus, do not find any ground to interfere in writ jurisdiction. Parties are at liberty to invoke the arbitration clause. We make it clear that in case the arbitration clause is invoked, the arbitrator shall endeavour to decide the dispute in a fixed time frame in any case not later than nine months. The petition stands disposed off.

(Rajan Gupta, J) (Mohit Kumar Shah, J) P. Kumar U