Calcutta High Court (Appellete Side)
Union Of India And Ors vs Anil Bareja And Anr on 20 July, 2022
Author: I.P. Mukerji
Bench: I.P. Mukerji
5 20.7.2022 IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
F.M.A. 853 of 2022
With
CAN 1 of 2022
Union of India and Ors.
Vs.
Anil Bareja and Anr.
Mr. Arun Kumar Maity(Mohanty)
Ms. S. Sarkar .... For the Appellants.
Mr. Saptarshi Roy
Mr. Arkadipta Sengupta
Ms. Kakali Das Chakraborty .... For the Respondents.
Re: CAN 1 of 2022 We formally admit the appeal.
Prima facie we are of the view that this court in the exercise of its writ jurisdiction ought not to have entered into the disputes between the parties arising out of their works contract and set aside its termination by the Railways. There is an Arbitration Clause (clause 29.2) in the contract for resolution of such disputes.
Therefore, we stay that part of the impugned judgement and order dated 18th May, 2022 setting aside the termination of contract communicated by the Railways by their letter dated 1st December, 2021. S.D. Prima facie we are also of the view that the decision of the Railways in the letter dated 1st December, 2021 debarring the respondents from operating parcel 2 vans in the sector which is the subject matter of agreement between the parties, for a period of time without giving an opportunity of hearing to them is in violation of the principles of natural justice. We do not stay that part of the impugned order setting aside 'black listing'.
We observe that the operation of the parcel vans by the respondents in terms of the impugned judgement and order dated 18th May, 2022 shall be without prejudice to the rights and contentions of the Union of India in this appeal.
We expedite hearing of the appeal by dispensing with all formalities.
As the respondents are represented in court, issuance and service of the notice of appeal is dispensed with.
Advocate on record for the appellants shall prepare and file an informal paper book in this court by 16th August, 2022. At least one copy of the paper book should be served by the advocate on record for the appellants on the respondents' advocate on record not later than seven days before the date of hearing of the appeal.
List the appeal for hearing on 30th August, 2022. This order will not prevent the parties from taking steps before a civil jurisdiction or before an arbitral tribunal to obtain orders in the dispute arising out of the 3 contract between the parties.
The connected application (CAN 1 of 2022) is disposed of.
(I.P. Mukerji, J.) (Subhendu Samanta, J.)