Writ Petition filed under Article 226 praying to direct disposal of a matter given in light of an Arbitration Award. Petitioner sought permission to withdraw the petition with liberty to avail alternative remedy. Court recorded the withdrawal.
Writ Petition dismissed as withdrawn with liberty to approach the arbitrator for interpretation.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :10.06.2019
CORAM
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P. No.4051 of 2018
A.Soosairaj ..Petitioner
vs
1.Union of India,
Rep. by the General Manager,
Southern Railway,
Chennai – 60 003.
2.The Divisional Railway Manager,
Southern Railway,
Madurai Division,
Madurai.
3.The Senior Divisional Commercial Manager,
Southern Railway,
Madurai.
.. Respondents
Prayer: Writ Petition filed under Article 226 of the
Constitution of India praying to issue a Writ of Mandamus,
directing the respondents to dispose the Appeal dated 20.07.2012
given by the petitioner in the light of the Arbitration Award
dated 13.01.2012.
For Petitioner : Mr. S.Ramaswamy
For Respondents : Mr.P.T.Ramkumar,
Standing Counsel.
O R D E R
Learned Standing Counsel for the Respondents submitted that the Petitioner has got an alternative remedy under Section 33 (1) (b) of the Arbitration and Conciliation Act, 1996, to approach the arbitrator for interpretation of the award and that the time limit has also been barred and circumventing the same, the Writ Petition has been filed.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
TO:
1.Union of India,
Rep. by the General Manager,
Southern Railway,
Chennai – 60 003.
2.The Divisional Railway Manager,
Southern Railway,
Madurai Division,
Madurai.
3.The Senior Divisional Commercial Manager,
Southern Railway,
Madurai.
+1cc to Mr. S.Ramaswamy, Advocate sr.46667
+1cc to Mr.P.T.Ramkumar, Advocate sr.46414
W.P. No.4051 of 2018
nr 12/07/2019
1 issue framed by the court
Whether the petitioner is entitled to file a writ petition under Article 226 the Arbitration and Conciliation Act, 1996 by obtaining the interpretation of the award by Arbitrator.
2 provisions across 2 enactments
A. Soosairaj
Union of India
The Divisional Railway Manager, Southern Railway
The Senior Divisional Commercial Manager, Southern Railway
P.D. Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
