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Patna High Court - Orders

M/S Param Enterprises (P) Ltd. vs The East Central Railways & Ors on 25 August, 2014

Author: Mihir Kumar Jha

Bench: Mihir Kumar Jha

   IN THE HIGH COURT OF JUDICATURE AT PATNA
             Civil Writ Jurisdiction Case No.11799 of 2014
======================================================
1. M/s Param Enterprises (P) Ltd. through Puneet Pathak ( MD ) son of Sri
Satya Narayan Pathak resident of 12/2 Hungerford Street, Flat - 1, P.S.
Shakespeare Sarani Thana, Kolkata - 700017 ( W.B )

                                                     .... ....   Petitioner/s
                                Versus
1. The East Central Railways through Chief Signal AND Telecom.
Engineer/CON/North, East Central Railway, Mahendru Ghat, Patna
2. The Financial Advisor AND Chief Accounts officer/CON, East Central
Railway, Mahendrughat, Patna
3. The Dy. Chief Signal AND Telecom Engineer/CON, East Central
Railway, Hajipur, Bihar

                                                   .... .... Respondent/s
======================================================
                                  with
             Civil Writ Jurisdiction Case No.12080 of 2014
======================================================
M/s Param Enterprises (P) Ltd. through Puneet Pathak (MD) son of Sri
Satya Narayan Pathak, resident of 12/2 Hungerford Street, Flat- 1, P.S.
Shakespeare Sarani Thana, Kolkata- 700017(W.B.)

                                                     .... ....   Petitioner/s
                                Versus
1. The East Central Railways through Chief Signal AND Telecom.
Engineer/CON/North, East Central Railway, Mahendru Ghat, Patna
2. The Financial Advisor AND Chief Accounts Officer/CON, null East
Central Railway, Mahendrughat, Patna
3. The Dy. Chief Signal AND Telecom Engineer/CON, East Central
Railway Hazipur, Bihar

                                       .... .... Respondent/s
======================================================

Appearance :
(In CWJC No.11799 of 2014)
For the Petitioner/s  :   Mr. Shailendra Kumar Singh, Adv
For the Respondent/s    : Mr. Mahesh Prasad, Adv

(In CWJC No.12080 of 2014)
For the Petitioner/s  :   Mr. Shailendra Kumar Singh, Adv
For the Respondent/s    : Mr. Mahesh Prasad, Adv

======================================================
CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA
                      ORAL ORDER
       Patna High Court CWJC No.11799 of 2014 (3) dt.25-08-2014                   2




3   25-08-2014

Heard learned counsel for the parties.

Learned counsel for the petitioner in view of the stand taken in the counter affidavit disputing the claim of the petitioner would seek permission to withdraw this application in order to enable the petitioner to invoke the arbitration clause.

That being so, these two writ applications are permitted to be withdrawn with the aforementioned liberty and further observation that if the petitioner invokes arbitration clause, the railways as also the named arbitrator in the agreement would ensure that the arbitration proceeding is disposed of expeditiously preferably within a period of four months from the date of arbitrator entering with railways.

(Mihir Kumar Jha, J) Ranjan/-

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