AP No. 465 of 2011
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
M/S. TIME AND SAFE ROAD & ORS.
Versus
UNION OF INDIA & ORS.
BEFORE:
The Hon'ble JUSTICE I. P. MUKERJI
Date : 16th May, 2011.
Mr.Amit Gupta, Mr. S. Chakraborty for
the petitioners.
Mr.Bijaybrata Dey for the respondents.
The Court : I think, on the prima facie case noted
by this Court in its order dated 6th May, 2011, a permanent
solution to the dispute between the parties could be made if the
arbitration before the Arbitrator according to Clause 38 of the
agreement is initiated and completed by publication of an award.
Therefore, I direct the petitioners to write an
appropriate letter to the Railways for appointment of an
Arbitrator under Clause 38. Such letter should be written within
two weeks from date and delivered soon thereafter to the General
Manager, N. F. Railway or the head of the N. F. Railway
administration according to Clause 38. The General Manager will
thereupon take most expeditious steps for appointment of an
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Arbitrator. The arbitral proceedings before the Arbitrator should
be concluded by 31st December, 2011.
This interim order will continue till publication of
the award and for a further period of 120 days from such date or
until further orders of this Court whichever is earlier.
This application is accordingly disposed of.
All parties concerned are to act on a signed
photocopy of this order on the usual undertakings.
(I. P. MUKERJI, J.) pa