M/s New Maharaja Dry Cleaners and Anr v. The Ministry Of Railways and Ors
CWJC/17502/2015 · 2025-01-17
Smt G Anupama Chakravarthy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 73237 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 73237 (PAT) · dailylaw.ai ]
Judgment text
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17502 of 2015 ======================================================
1. M/s New Maharaja Dry Cleaners and Anr C/O Vishwa Bharati School, New Godown, Jheel Ganj, Gaya Bihar, Pin- 823 001
2. Sanjay Kumar S/o Late Birendra Pd. Sharma, Proprietor M/s New Maharaja Dry Cleaners through its Proprietor namely Sanjay Kumar, C/O Vishwa Bharati School, New Godown, Jheel Ganj, Gaya Bihar, Pin- 823 001 prsent address at 158, Manas Marg, South Nehru Nagar, P.O. P.S.- Patliputra, District- Patna ... ... Petitioner/s Versus
1. The Ministry Of Railway through its Chairman Railway Board, Government of India, Rail Bhawan, - New Delhi
2. The Chairman, Railway Board, Ministry of Railway, Government of India, Rail Bhawan, New Delhi
3. The Chief Vigilance Officer, Ministry of Railway, Railway Bhawan, New Delhi
4. The North Central Railway through General Manager, NC Railway, Nawaz Yusuf Road, G.M. Office, Allah
5. The General Manager, NC Railway, Nawab Yusuf Road, G.M. Office, Allahabad
6. The Divisional Railway Manager, NC Railway, DRM Office, Nawaz Yusuf Road, Allahabad
7. The Sr. Divisional Finance Manager, NC Railway, DRM Office, Nawaz Yusuf Road, Allahabad
8. The Sr. Divisional Electrical Engineer Operation, NC Railway, DRM Office, Nawaz Yusuf Road, Allahabad ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar, Advocate : Mr. Balban Kumar, Advocate For the Respondent/s : Mr.Awadhesh Kumar Pandey, Sr. CGC : Mr. Mukesh Kumar, CGC : Mr. Lokesh, Advocate : Mr. Abhishek Kumar Verma, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER 18 17-01-2025
1. The Writ petition has been filed seeking a direction to the respondents to pay the entire dues to the
Patna High Court CWJC No.17502 of 2015(18) dt.17-01-2025 2/3 petitioner as per the contract executed between the petitioner and respondent Railway dated 02.08.2011, vide Contract No. 230-Electric/OP/AID/WC/32/2010 part II dated 25.08.2011 between the President of India, through Railway Administration, and the petitioner, towards mechanized washing and ironing the bed sheet, etc., as well as the Security Deposit amount retained by the respondents alongwith interest.
Further, to direct the respondent authorities that, alternatively if they are not willing to make payment as per the contract’s terms and conditions, the railway respondents may be directed to resolve the dispute as per the provisions 2.33.2 of the Contract Tender Documents, i.e., to resolve the dispute by way of arbitration within a specified period of time by a competent Arbitrator, which can be decided within a stipulated period of time. 2. A detailed counter affidavit was filed by the respondents contending that as per the agreement/contract any dispute between the petitioner and the railway-respondents are to be resolved before an
Patna High Court CWJC No.17502 of 2015(18) dt.17-01-2025 3/3 Arbitrator. 3. Taking into consideration the second relief sought by the petitioner, i.e., to direct the respondent authorities, alternatively to resolve the dispute as per the provisions of 2.33.2 of the Contract and Tender Documents by way of arbitration, this Court is of the considered view that the petitioner must approach before the arbitrator for resolving the disputes between them. 4. With the above said observation, the Writ petition is disposed of, with a direction to the petitioner to approach the arbitrator, who in turn shall dispose of the dispute between the parties, within four months from the date of filing of the arbitration application. 5. Interlocutory Application(s), if any, shall also disposed of. amitkr/- (G. Anupama Chakravarthy, J) U