[2025:RJ-JP:43089-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal (Writ) No. 283/2023 Abdul Vahid Son Of Shri Abdul Mazid, Aged About 68 Years, R/o 6, Shop, Sanjay Nagar, Gali No. 5, Kota Junction, Kota (Rajasthan) Senior Citizen. ----Appellant Versus 1. Union Of India, Through Secretary, Ministry Of Railway, Rail Bhawan, New Delhi. 2. Senior Divisional Commercial Manager, Kota Division, West Central Railway, Kota Station Director, Kota Junction, Kota. ----Respondents For Appellant(s) : Mr. Pradeep Singh, Adv. For Respondent(s) : Mr. P.C. Sharma, Adv. HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU Order 27/10/2025 1. Learned counsel for the respondent-Union of India is fair enough to state that while the learned Single Judge has allowed the appellant to raise his dispute before the arbitrator, the observations on merits need not have gone into. 2. Learned counsel appearing for the appellant submits that he may be allowed to raise all objections and arguments before the arbitrator. 3. We find that in the impugned judgment, the learned Single Judge has noticed the provisions of Clause 26 of the Licence Agreement which reflect that arbitration proceedings can be initiated. We leave it open for the appellant to take up arbitration [2025:RJ-JP:43089-DB] (2 of 2) [SAW-283/2023] proceedings under the Arbitration and Conciliation Act, 1996 and in terms of Clause 26 of the Licence Agreement, we hold that observations made by the learned Single Judge on merits of the case will not come in the way of arbitrator, if he is so appointed to decide the arbitration. 4. In view of the above, the present Special Appeal (Writ) is allowed, to the aforesaid extent. 5. All pending application(s) also stand disposed of. (BALJINDER SINGH SANDHU),J (SANJEEV PRAKASH SHARMA),ACTING CJ HEENA/MAHIMA/103