Court No. 19 (265719) 10.04.2026 (AD 17) (S. Banerjee) WPA 28559 of 2025 Ambia Mandal Vs. Union of India & Ors. Mr. Siddhartha Sarkar Mr. Sourav Gupta …for the petitioner Ms. Rashmi Bothra Ms. Garima Raijada …for the Union of India Mr. Usaf Ali Dewan Mr. Arka Mondal …for the State Petitioner has challenged the award passed by the Commissioner, Medinipur Division acting as an Arbitrator under the provisions of the Railways (Amendment) Act, 2008. The respondent no. 2 files a report in the form of an affidavit which is taken on record. A specific objection as to the maintainability of this writ petition has been taken in the said report. Learned advocate appearing for the 2nd respondent submits that in view of the provisions laid down under Section 20F(6) read with (7) of the 2008 Act, the petitioner has to avail of the recourses under the Arbitration and Conciliation Act, 1996 against the award of the Arbitrator. 2 Section 20F(6) of the Act states that if the amount determined by the competent authority under sub-Section (1) or as the case may be, sub-Section (3) is not acceptable to either of the parties, the amount shall, on a application by either of the parties, be determined by the Arbitrator to be appointed by the Central Government in such manner as may be prescribed. Sub-Section (7) of Section 20F of the Act states that subject to the provisions of the Railways Act, the provisions of Arbitration and Conciliation Act, 1996 shall apply to every arbitration under the said Act. In view of availability of alternative and efficacious remedy under the Arbitration and Conciliation Act, 1996, against the order which is under challenge in this writ petition, this Court is not inclined to entertain this writ petition. Faced with such situation, learned advocate appearing for the petitioner prays for leave to withdraw this writ petition with liberty to avail of recourses under the Arbitration and Conciliation Act, 1996. Learned advocate appearing for the petitioner submits that in the meantime the period of limitation for availing of the recourses under the 1996 Act may 3 have become time barred. He prays for a liberty to take out appropriate application in that regard. In the light of the submissions made by the learned advocate appearing for the petitioner, this writ petition stands dismissed as withdrawn with liberty to approach the appropriate forum in accordance with law. It will be open to the petitioner to take out appropriate applications before the appropriate fourm. If such forum is approached, such forum shall consider and dispose of the matter in accordance with law. (Hiranmay Bhattacharyya, J.)