Amit Bharti v. The Union Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15680 of 2013 ====================================================== Amit Bharti S/O Radheshwar Prasad Residence Of Village- C/O Dr. Anand Ranjan Flat No.- D/51, New Bypass, Transport Nagar Bari Pahari, District Patna ... ... Petitioner/s
Versus
1. The Union Of India, Through Chairman, Railway Board, New Delhi
2. The General Manager, East Central Railway, Hazipur, Vaishali, Bihar
3. The Divisional Railway Manager, (Head Quarter) East Central Railway, Danapur, Patna
4. The Assistant Divisional Engineer, (Work), East Central Railway, Patna ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Mohan Mishra, Adv For the Respondent/s :
Mr. Naresh Dikshit, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 17-12-2018 Heard learned counsel for the petitioner and learned counsel for the respondents.
2. The present writ petition has been filed for quashing the order dated 18.07.2012 whereby and whereunder the contract agreement no. W-7, 125/Misc./Patna/Open/2008-09 dated 29.09.2010 was rescinded and the security and earnest money as well as value of work done to that date was forfeited without having any valid reason; and for connected reliefs.
3. At the very outset, this Court takes note that remedy by way of arbitration is available to the petitioner
Patna High Court CWJC No.15680 of 2013 dt.17-12-2018 2/2 for the relief sought in the writ petition.
4. In that view of the matter, this Court is not inclined to interfere in the matter to exercise its extraordinary writ jurisdiction. The writ petition accordingly stands disposed of with liberty to the petitioner to invoke the arbitration clause for redressal of his grievances. It is made clear that this Court is not expressing any opinion on the merits of the matter.
5. It is made clear that in case such an application is filed, the concerned authority would have regard to the present proceeding being pursued by the petitioner while considering any issue relating to condonation of delay, if applicable.
(Vikash Jain, J) Chandran/- AFR/NAFR NAFR CAV DATE NA Uploading Date 20.12.2018 Transmission Date NA