B.Soosairaj, v. Union Of India,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :10.06.2019
CORAM
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P. No.4051 of 2018 A.Soosairaj ..Petitioner vs 1.Union of India, Rep. by the General Manager, Southern Railway, Chennai - 60 003.
2.The Divisional Railway Manager, Southern Railway, Madurai Division, Madurai.
3.The Senior Divisional Commercial Manager, Southern Railway, Madurai.
.. Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to dispose the Appeal dated 20.07.2012 given by the petitioner in the light of the Arbitration Award dated 13.01.2012.
For Petitioner : Mr. S.Ramaswamy For Respondents : Mr.P.T.Ramkumar, Standing Counsel.
O R D E R
Learned Standing Counsel for the Respondents submitted that the Petitioner has got an alternative remedy under Section 33
(1) (b) of the Arbitration and Conciliation Act, 1996, to approach the arbitrator for interpretation of the award and that the time limit has also been barred and circumventing the same, the Writ Petition has been filed.
2.
Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to avail the said remedy and he has also made an endorsement to that effect. https://hcservices.ecourts.gov.in/hcservices/
3.
Recording the same, this Writ Petition is dismissed as withdrawn with the aforesaid liberty without expressing any view on the question of limitation, which is left open to be decided by the arbitrator. No Costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar TO:
1.Union of India, Rep. by the General Manager, Southern Railway, Chennai - 60 003.
2.The Divisional Railway Manager, Southern Railway, Madurai Division, Madurai.
3.The Senior Divisional Commercial Manager, Southern Railway, Madurai.
+1cc to Mr. S.Ramaswamy, Advocate sr.46667 +1cc to Mr.P.T.Ramkumar, Advocate sr.46414 W.P. No.4051 of 2018 nr 12/07/2019 https://hcservices.ecourts.gov.in/hcservices/