This dismissed appeal against a Single Judge holding writ petition not maintainable due to arbitration agreement in Railway Standard Conditions of Contract barring court jurisdiction.
appeal dismissed with no merits found
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131
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
LPA No.1623 of 2019 (O&M) Date of Decision: October 29, 2019
M/s Shree Sai Facilities and another
...Appellants
VERSUS
Union of India and others
...Respondents
CORAM: HON'BLE MR. JUSTICE RAJIV SHARMA HON'BLE MR. JUSTICE HARINDER SINGH SIDHU
Present: Mr.Vijay Kumar Jindal, Senior Advocate with Mr.Gopal Soni and Ms.Janya Sirohi Advocates for the appellants.
RAJIV SHARMA, J.
The appeal is directed against the judgment rendered by learned Single Judge in CWP No.15948 of 2018 decided on 26.04.2019.
The brief facts necessary for the adjudication of the present appeal are that appellants had entered into contract with Indian Railways for carrying out sanitation work. According to the averments made by the appellants their payment was stopped in February 2018. The main stand of the appellants in the appeal is that this act of the Railways of not releasing their payment is arbitrary. According to the stand taken by the Railway Board, the payment has been withheld as per condition No.18 and 52-A of the Railway Standard Conditions of Contract. Condition No.63 provides for settlement of the dispute by way of Arbitration.
Learned Single Judge has also come to the conclusion that in
VINEET GULATI 2019.11.02 09:35 I attest to the accuracy and authenticity of this document Chandigarh
LPA No.1623 of 2019
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view of the alternative remedies available to the petitioners-appellants, this issue cannot be adjudicated in the writ jurisdiction. We are also of the view that correct findings have been rendered by learned Single Judge. In view of condition No.63 of the Railway Standard Conditions of Contract, it shall be open to the appellants to take steps to settle the matter by arbitration.
Accordingly, there is no merit in the present appeal and the
same stands dismissed.
(RAJIV SHARMA) JUDGE
October 29, 2019 (HARINDER SINGH SIDHU) Vgulati JUDGE Whether speaking/reasoned Yes/No Whether reportable Yes/No
VINEET GULATI 2019.11.02 09:35 I attest to the accuracy and authenticity of this document Chandigarh
2 issues framed by the court
Whether arbitration agreement under condition No.63 bars writ jurisdiction.
Whether alternative remedies make this issue non-adjudicable in writ court.
M/s Shree Sai Facilities
another
Union of India
others
RAJIV SHARMA
HARINDER SINGH SIDHU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
