Calcutta High Court (Appellete Side)
Pg (Suman Sourav Das vs The Union Of India & Ors.) on 4 August, 2015
Author: Dipankar Datta
Bench: Dipankar Datta
1
29 04.08.2015 W.P.17415(W) of 2015
pg (Suman Sourav Das vs. The Union of India & Ors.)
Mr. Mohan Kr. Putatunda
Mr. Subhojit Mondal........for the petitioner
Mr. Saptarshi Roy...........for the respondents
This writ petition is directed against a notice dated July 11, 2015 issued by the Divisional Commercial Manager, Kharagpur, South Eastern Railway terminating the contract that had been awarded in favour of the petitioner earlier.
It appears that even before termination of the contract, disputes and differences had arisen between the petitioner and the railway and in terms of clause 17 of the contract, the petitioner had requested the divisional railway manager to refer the dispute for resolution by arbitration but till date the divisional railway manager is yet to act on the request of the petitioner.
Although Mr. Roy, learned advocate for the railway has submitted that the general manager is the appropriate authority to refer the dispute for arbitration, I find no reason to agree with him.
Clause 17 of the contract clearly provides that the divisional railway manager is the appropriate authority to appoint an arbitrator.
In view thereof, I dispose of this writ petition with a direction upon the divisional railway manager, respondent no.2 to consider the petitioner's request 2 contained in his representation dated March 11, 2015 as early as possible but not later than seven days from date of receipt of a copy of this order.
In the event the divisional manager fails to appoint an arbitrator, the petitioner shall be at liberty to work out his remedy under the Arbitration & Conciliation Act, 1996.
There shall be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously.
(DIPANKAR DATTA,J.)