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2. Having set out a broad overview of the nature of the instant cases, which shall stand disposed of by this common order, this Court, owing to the nature of the matter, deems it appropriate to set out a brief prefatory note.

3. PREFATORY NOTE:

3(i) Konkan Railways commenced a long journey about the nature, scope and contours of exercise of powers under Section 11 of A & C Act. It started with a debate whether exercise of powers of Chief Justice under Section 11 of A and C Act is an administrative function or judicial function. It may not be necessary to trace the long and unwinding track law in this http://www.judis.nic.in regard took owing to introduction of Sub-section (6-A) of Section 11 on and from 23.10.2015 vide 'Amending Act 3 of 2016', which shall hereinafter be referred to as 'First Amending Act' for the sake of convenience and clarity. After wide ranging amendments to A and C Act vide first amending Act, several amendments to A and C Act were brought in by another Amending Act, namely 'Act 33 of 2019', which shall hereinafter be referred to as 'Second Amending Act'. All the provisions i.e., sections in the Second Amending Act have not taken effect as the Second Amending Act inter alia vide Sub-section (2) of Section 1 provides for various provisions of second amending Act to come into effect on various dates on which they are notified.

4. Having set out the scope of a Section 11 petition by way of this prefatory note, this Court deems it appropriate to also set out a short adumbration of case laws referred to therein for the purpose of specificity. http://www.judis.nic.in

5. CASE LAWS QUA PREFATORY NOTE:

5(i) As would be evident from a reading of the prefatory note, the same refers to three case laws. The three case laws in chronological order are Duro Felguera, Mayavati Trading and Garware Wall Ropes. Relevant paragraphs in Duro Felguera case [Duro Felguera S.A. vs. Gangavaram Port Limited reported in (2017) 9 SCC 729] are Paragraphs 47 and 59 and the same reads as follows:

6. This Court having given an Introductory overview, prefatory note and case laws qua prefatory note, now proceeds to set out the factual matrix of instant case in a nutshell.

(i)The scope of a Section 11 OP is very limited or in other words, the contours and confines of a Section 11 OP being limited, short facts shorn of elaboration (without dilating on facts) will suffice.