M/S Nagarmal Ramprakash v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13297 of 2019 ====================================================== M/s Nagarmal Ramprakash Head Office- Naugachia, Bhagalpur, Branch Office- Durgapur Ward No. 33 Katihar through its proprietor Ram Prakash Rungta, S/o Late Nagarmal Rungta, R/o Village and P.O. and P.S.- Naugachia, District- Bhagalpur.

... ... Petitioner/s

Versus

1.

The Union of India through General Manager (G.M), North Frontier Railway, Maligaon.

2.

The Principal Chief Engineer, North Frontier Railway, Maligaon. 3.

The Divisional Railway Manager (W), North Frontier Railway, Katihar. 4.

The Senior Divisional Engineer (Co.ord) North Frontier Railway, Katihar. 5.

The Senior Divisional Engineer-1 North Frontier Railway, Katihar. 6.

The Sr. Den (Cord) North Frontier Railway, Katihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Sarita Bajaj, Advocate For the Respondent/s :

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) ======================================================= (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) ======================================================= 02-12-2022 Petitioner has prayed for the following relief(s):-

Patna High Court CWJC No.13297 of 2019(2) dt.02-12-2022 2/3 After the matter was heard for some time, finding the Court not to be in favour with the submissions made across the

Patna High Court CWJC No.13297 of 2019(2) dt.02-12-2022 3/3 Bar, learned counsel for the petitioner, under instructions, seeks permission to withdraw the present petition reserving liberty to take appropriate action, in accordance with law, including invoking the Arbitration Clause in terms of the GCC. Permission granted.

We are sure that as and when any such proceedings are initiated, before the appropriate forum, the same shall be considered and decided expeditiously, in accordance with law. Needless to add, period for which the petitioner has been pursuing the matter before this Court, shall be excluded for the purpose of computing limitation.

It is made clear that we have not expressed any opinion on merits. All issues are left open.

The petition stands disposed of as withdrawn with the liberty aforesaid.

Interlocutory application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) (Partha Sarthy, J) P.K.P./Amrendra U