M/S.Senthil And Co., v. The General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.04.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P. No.8794 of 2024 M/s. Senthil and Co., represented by Partner Mr. P. Senthilvelavan ... Petitioner Vs.

1. The General Manager, Southern Railway, Park Town, Chennai-600 003.

2. The Divisional Railway Manager, Southern Railway, Madurai Division, Madurai.

..... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to disburse the sum of Rs.17,49,344/- to the petitioner firm.

For Petitioner : Mr. D. Nandhagopal for Mr. R. Rajarajan For Respondents : Mr. S. Magesh Standing Counsel for Railways.

ORDER

The Writ petition has been instituted to enforce the arbitral award dated 20.02.2023.

2. Under Section 36 of the Arbitration and Conciliation Act, 1996, the proceedings are contemplated for enforcement of the awards passed under the Arbitration Act. Since the Act provides mechanism for enforcement of award, the Writ petition under Article 226 of Constitution of India is not maintainable.

3. Thus, the Writ petitioner is at liberty to work out his remedy in the manner contemplated under the Act and rules. With this liberty, this Writ petition stands dismissed. There shall be no order as to costs. 02.04.2024 Index : yes/no Speaking order/Non-speaking order : yes/no mjs

To

1. The General Manager, Southern Railway, Park Town, Chennai-600 003.

2. The Divisional Railway Manager, Southern Railway, Madurai Division, Madurai.

S.M.SUBRAMANIAM, J.

mjs 02.04.2024