A leasehold litigation involving under water inspection work where the petitioner sought a writ to quash a rejection order, demand balance payment, or return earnest money was permitted to be withdrawn with liberty to approach the Arbitral Tribunal.
Permission to withdraw the writ application granted with liberty to move the Arbitral Tribunal.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17478 of 2014
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Braj Bhushan Singh s/o Chitrasen Singh through proprietor of Aqua under Water Engineering, C-88 Raghunath Vihar, Sector-14, Kharghar Navi Mumbai-410210. .... .... Petitioner/s Versus 1.The Union of India through General Manager, Eat Central Railway, Hajipur. 2.The Divisional Railway Manager, East Central Railway, Danapur. 3.The Divisional Engineer (Bridge) East Central Railway, Hajipur. 4.The Senior Section Engineer (Bridge) East Central Railway Engineer, Danapur. 5.The Sectional Engineer (Bridge), East Central Railway, Danapur. 6.The Asistant Engineer (Bridge), East Central Railway, Danapur. .... .... Respondent/s
====================================================== Appearance :
For the Petitioner/s : Mr. Md. Fazal Rahman, Adv For the Respondent/s : Mr. Mahesh Prasad, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER
permission to withdraw this writ application in which
following prayer has been made:-
“For issuance of an appropriate writ in the nature of certiorari to quash the order dated 15.4.2014 passed by the Divisional Engineer (Bridge) East Central Railway, Danapur by which he has rejected the claim of the petitioner which is against the terms and conditions of the contract.
For issuance of an appropriate writ, order, direction commanding the respondents to pay the due (Balance) amount of under water inspection work of 24 piers with penal interest to the petitioner.
For direction to the respondent to return earnest money and performance guarantee amount deposited by the petitioner with interest.”
in order to enable the petitioner to move before the
Patna High Court CWJC No.17478 of 2014 (2) dt.15-10-2014
2
Arbitral Tribunal as per the terms and conditions laid down in the agreement.
That being so, this writ application is permitted to be withdrawn with the aforementioned liberty.
(Mihir Kumar Jha, J)
Ranjan/U
Braj Bhushan Singh
The Union of India
The Divisional Railway Manager, East Central Railway, Danapur
The Divisional Engineer (Bridge) East Central Railway, Hajipur
The Senior Section Engineer (Bridge) East Central Railway Engineer, Danapur
The Sectional Engineer (Bridge), East Central Railway, Danapur
Mihir Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
