[2026:RJ-JP:22247-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal Writ No. 553/2026 M/s Khodal Corporation, Viramgam, 7, Ramnagar Society, Ioc Colony Road, Viramgam - 382150 Gujarat, India Through Its Through Its Power Of Attorney Holder Shri Shubham Hareshbhai Patel Aged Around 26 Years S/o Shri Hareshbhai Patel, R/o Viramgam, 7, Ramnagar Society, Ioc Colony Road, Viramgam - 382150 Gujarat ----Appellant Versus 1. West Central Railway, Through Its General Manager, Head Quarter Office, Opposite Indira Market, Jabalpur, Madhya Pradesh - 482001 2. Chief Administrative Officer (Construction), Western Central Railway, Head Quarter Office, Opposite Indira Market, Jabalpur, Madhya Pradesh - 482001 3. Chief Project Manager (Cpm), West Central Railways, Drm Office, Kota, Rajasthan - 324002. 4. Deputy Chief Engineer (Construction-Iii), West Central Railways, Construction Office, Beside Drm Office, Bhopal, Habibganj, 462024. ----Respondents For Appellant(s) : Mr. OP Singh Tanwar with Ms. Rajeshwari Tanwar Mr. Adesh Arora For Respondent(s) : - HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU (THROUGH V.C.) Order 26/05/2026 1. The challenge before us is to the order dated 08.05.2026 passed by the learned Single Judge whereby he has dismissed the writ petition. [2026:RJ-JP:22247-DB] (2 of 2) [SAW-553/2026] 2. Admittedly, there exists an arbitration clause. The only aspect is with regard to appointment of an independent arbitrator which was considered by the Apex Court in the case of Central Organisation for Railway Electrification Vs. ECI SPIC SMO MCML (JV). (2025) 4 SCC 641. 3. The learned Single Judge has thus, rightly concluded that recourse can be taken under Section 11 or under Section 9 of the Arbitration & Conciliation Act,1996. However, the writ petition would not lie, there being an alternate efficacious remedy available under the agreement itself of taking the dispute before the arbitrator. 4. No case for interference with the order passed by the learned Single Judge is made out. 5. The appeal is accordingly dismissed. (BALJINDER SINGH SANDHU),J (SANJEEV PRAKASH SHARMA),ACJ 4-divyaP