M/S Xtra Xpress v. Northern Railways & ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 7453 of 2017 Decided on : 07.09.2017 M/s Xtra Express . . . Petitioner

Versus

Norther Railways and another . . . Respondents CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE AMIT RAWAL PRESENT: Mr. R. Kartikeya, Advocate for the petitioner.

Mr. Karamjit Verma, Advocate for the respondents.

**** AJAY KUMAR MITTAL, J. (Oral) The challenge in this writ petition filed under Articles 226/227 of the Constitution of India, is to the order dated 21st March, 2017 and the resultant show cause notice dated 24th March, 2017 (appended as Annexures P-11 & P-12, respectively). Besides this a prayer for direction to the respondents to allow the petitioner to execute the work in terms of the letter of acceptance dated 17/20.02.2017 (Annexure P-5) has also been made. 2.

After arguing for sometime, leaned counsel for the petitioner submitted that he may be allowed to withdraw the present writ petition with liberty to the petitioner to file a civil suit or avail any other remedy as may be available to it, in accordance with law, as certain questions of fact are required to be established.

3.

Dismissed as withdrawn. It shall, however, be open to the petitioner to take recourse to the remedies as may be available to it, in accordance with law.

(AJAY KUMAR MITTAL) JUDGE (AMIT RAWAL) September 07, 2017 JUDGE J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Jawala Ram 2017.09.13 10:35 I attest to the accuracy and authenticity of this document Chandigarh