Sushil Kumar Aggarwal v. General Manager Northern Railway & ANR

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA 754/2015 SUSHIL KUMAR AGGARWAL ..... Appellant Through: Mr. S.W. Haider, Advocate versus GENERAL MANAGER NORTHERN RAILWAY & ANR ..... Respondents Through: Mr. Shailender Saini, Advocate with Ms. Rashmi Malhotra, Advocate

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI

O R D E R

% 08.03.2017 1.

The appellant/plaintiff is aggrieved by the judgment dated 04.02.2015 passed by the learned trial court, dismissing his suit for declaration, permanent and mandatory injunction instituted against the respondents/Northern Railways on the ground that the same is not maintainable in view of non-compliance of Section 80 CPC and under Order VII Rule 11(a) CPC on the ground that the plaint does not disclose a cause of action.

2.

After addressing arguments at some length, learned counsel for the appellant states that he may be permitted to withdraw the present appeal while reserving the right of the appellant to pursue an application submitted by him to the respondent No.1, for invoking the arbitration clause governing the parties.

RFA 754/2015 Page 1 of 2

3.

Leave, as prayed for, is granted. The appeal is disposed of. Liberty is granted to the appellant to pursue his application invoking the arbitration clause governing the parties, stated to be pending with the respondent No.1/Northern Railways, before the appropriate forum, in accordance with law.

HIMA KOHLI, J MARCH 08, 2017 rkb RFA 754/2015 Page 2 of 2