Indian Kanoon - Search engine for Indian Law

2. Learned senior counsel, Shri Naman Nagrath alongwith Shri Yagyawalk Shukla and Shri Nanki Arora, learned counsel for the petitioner and Shri N.S. Rupra, learned counsel for respondent, are heard on the question of admission so also on final disposal.

3. The challenge herein is essentially to the rescission of contract originally awarded to petitioner for the period from 01.03.2019 to January, 2020 for the following work:-

"Track linking for BG track (manually) including Supply of all P-Way fittings & materials from RDSO approved firms, Linking track at level crossings bridges and Linking Points & X-ing, packing of track as well as Points and X-ing, Carting, loading and unloading 52 kg/60 kg Rails and PSC ordinary and special sleepers, spreading of PSC ordinary and special sleepers and allied all other miscellaneous works in between Mahediya (Exclluding) - Singrauli (Including) and Deoragram (Excluding) - Sursaraighat Jhara (Including) of Kanti-Singrauli Rail Doubling Project (WCR)".

8. After hearing learned counsel for the rival parties at length, this Court is of the considered view that looking to the difference of opinion between the rival parties as to who is responsible for delay, and to what extent, disputed questions of fact are involved which can best be adjudicated and resolved by invoking in-house remedy of conciliation/arbitration as agreed to by the parties in the agreement (Clause 54 and its sub-clauses). 8.1. A bare perusal of letter dated 06.06.2022 (Annexure P/1) of IRCON International Limited reveals that there is a serious dispute between the rival parties in regard to various aspects including Track linking for BG track (manually) including Supply of all P-Way fittings & materials from RDSO approved firms, Linking track at level crossings bridges and Linking Points & X-ing, packing of track as well as Points and X-ing, Carting, loading and unloading 52 kg/60 kg Rails and PSC ordinary and special sleepers, spreading of PSC ordinary and special sleepers and allied all other miscellaneous works in between Mahediya (Exclluding) - Singrauli (Including) and Deoragram (Excluding) - Sursaraighat Jhara (Including) of Kanti-Singrauli Rail Doubling Project (WCR). These questions cannot be decided without entering into the realm of disputed questions of fact which ought not to be gone into by exercising writ jurisdiction.