Subhash Prasad Singh v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1313 of 2017 In Civil Writ Jurisdiction Case No. 3846 of 2008 ====================================================== Subhash Prasad Singh Son of Late Bhagwan Singh resident of Village - Chhatna, P.S. Parsa Bazar, District - Patna.

.... .... Petitioner/s

Versus

1. The Union of India through the General Manager, Eastern Railway, Hazipur.

2. The Divisional Regional Manager, Eastern Central Railway, Danapur.

3. The Senior Divisional Engineer, Eastern Central Railway, Danapur.

4. The Divisional Engineer, Eastern Central Railway, Danapur.

5. The Assistant Engineer, Eastern Central Railway Line, Patna.

6. The Inspector of Work (I.O.W.) Eastern Central Railway, Jehanabad. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dinesh Choudhary For the Respondent/s : Mr. Anil Kumar Sinha ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 08-11-2017 The present application has been filed for modification of the order dated 26.02.2015 passed in Civil Writ Jurisdiction Case No. 3846 of 2008.

While disposing of the matter, it was indicated that the matter in issue is with regard to non-payment of contractual dues, whereas the correct position is that the matter in issue was pertaining to reference of the dispute for the arbitration. Accordingly, there is an error in mentioning the issue which is in fact an issue pertaining to appointment of an Arbitrator under Clause 41 of the Arbitration Act. Let the same be

Patna High Court MJC No.1313 of 2017 (3) dt.08-11-2017 2/2 read in the order dated 26.02.2015 passed in Civil Writ Jurisdiction Case No. 3846 of 2008.

With the aforesaid modification and correction in the order dated 26.02.2015 passed in Civil Writ Jurisdiction Case No. 3846 of 2008, the application stands disposed of. (Rajendra Menon, CJ) Shageer/- U