M/S Chennai Super King Express v. Union Of India

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 1068 of 2018 M/s Chennai Super King Express through its authorized signatory Harish Sharma, S/o Late R.S. Sharma, Authorized signatory to Chennai Super King Express, aged about 43 years, r/o 98 A Block 25 DDA Flats, Sarai Kale Khan, Nizamuddin East New Delhi ---- Petitioners

Versus

1. Union of India- through- Secretary Ministry of Railway, Railway Board, Raisena Road, Rafi Marg, New Delhi -110001.

2. Divisional Railway Manager, North Central Railway, Agra (U.P.)

3. Senior Divisional Commercial Manager, North Central Railway, Agra (U.P.)

4. Divisional Railway Manager, Northern Railway, New Delhi

5. Chief Commercial Manager, Northern Railway, New Delhi.

6. Chief Commercial Manager, South East Central Railway, Bilaspur (C.G.) --- Respondents For Petitioner : Mr. A.V. Shridhar, Advocate. For Respondent No. 6 : Mr. R.S. Patel, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 16/04/2018 (1) Learned counsel for the respondent would submit that the dispute is arbitrable in view of Clause 25 of the agreement entered into between the parties on 21.04.2016.

(2) Learned counsel for the petitioner would submit that order imposing recovery upon the petitioner is bad and unsustainable in law, which is liable to be set aside. (3) I have heard learned counsel appearing for the parties. (4) Since the dispute is arbitrable in view of Clause 25 of the agreement entered

into between the parties, this Court is not inclined to entertain this petition. However, the petitioner is at liberty to invoke arbitration clause in accordance with law.

(5) With the aforesaid observation, the writ petition stands finally disposed of. Sd/- (Sanjay K. Agrawal) Judge D/-