- 1 - HC-KAR NC: 2025:KHC:46448 WP No. 632 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 632 OF 2025 (GM-RES) BETWEEN: M/S DURGA FACILITY MANAGEMENT SERVICES PVT. LTD. 4-48/6-2, BONDALA ANNEX, 1ST FLOOR, SURYA NARAYANA TEMPLE ROAD, OPP. MESCOM OFFICE, MAROLI, MANGALURU-575 005 REP. BY ITS MANAGING DIRECTOR B. S. SHETTY, AGED ABOUT 63 YEARS …PETITIONER (BY SRI.SANTHOSH.S.NAGARALE, ADVOCATE) AND: 1. GOVERNMENT EMARKETPLACE A PRIVATE LIMITED COMPANY R. O. III FLOOR, JEEVAN BHARTI BUILDING, TOWER-2, CONNAUGHT CIRCUS, NEW DELHI-110001 REP. BY ITS CEO 2. GENERAL MANAGER SOUTHERN RAILWAYS, G. M. OFFICE, FIRST FLOOR, NGO MAIN BUILDING, PARK TOWN, CHENNAI-600 003 3. DIVISIONAL ENVIRONMENT AND HOUSEKEEPING MANAGER, OFFICE OF THE SENIOR DIVISIONAL MATERIALS MANAGER, DIVISION DRM OFFICE, PALAKKAD, KERALA-678002 4. SENIOR SECTION ENGINEER CARRIAGE AND WAGON DEPOT, MANGALURU CENTRAL RAILWAY STATION, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46448 WP No. 632 of 2025 SOUTHERN RAILWAY, MANGALURU-575001 …RESPONDENTS (BY SRI. MADHUKAR M D, ADVOCATE FOR R1 TO R4) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER BEARING NO. J/M271/VII/OBHS/12601/02, 22637/38, 16629/16, 630/23-25 DTD. 13.11.2024 ISSUED BY THE R-3 (ANNX-A) AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; a. Issue a writ of Certiorari to quash the order bearing No. J/M271/VII/OBHS/12601/02, 22637/38, 16629/16, 630/23-25 dtd. 13.11.2024 issued by the respondent No.3 (Annx-A). b. Issue a writ of mandamus to the respondent No.3 to release the amount claimed in the letter dtd. 21.10.2024 (Annx-T). c. Issue a writ of mandamus to the respondent No.1 to refund the transaction charges as claimed in the letter dtd. 26.09.2024 (Annx-V). d. Pass such other order or orders as this Hon'ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity. 2. Essentially what is challenged is the termination of contract entered into between the petitioner and - 3 - HC-KAR NC: 2025:KHC:46448 WP No. 632 of 2025 respondent No.2. The said contact being governed by an arbitration clause in terms of clause 8.1 at Chapter-VIII, learned counsel for respondents No.1 to 4 submits that the petitioner can always agitate all his claims in the arbitral proceedings including challenge to the termination. 3. His submission answers the grievance of the petitioner inasmuch as a certiorari cannot be issued to quash the termination of a contact after the contract has come an end. 4. One another issue which has arisen during the course of arguments is as regards certain material of the petitioner which has been stored in the storeroom of respondent No.3. 5. Counsel for respondents No.1 to 4 submits that the petitioner can call upon respondent No.3 at a mutually agreeable date and time and remove the material of the petitioner which are available in the storeroom. - 4 - HC-KAR NC: 2025:KHC:46448 WP No. 632 of 2025 6. Both the counsel submit that date and time could be fixed for the said purpose. 7. In that view of the matter, I pass the following: ORDER i. Writ petition is partly allowed. ii. The petitioner is reserved liberty to agitate all his claims in arbitral proceedings as and when initiated. iii. The petitioner shall call upon the office of respondent No.3 at 10.30 a.m. on 1.12.2025 for removal of the material belonging to the petitioner which shall be so removed by drawing an inventory, and signed by petitioner and representative of respondent No.3. SD/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 79