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SCA/3328/2010 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3328 of 2010
======================================
SIDDHESHWER
TRACK WORKS - Petitioner
Versus
UNION
OF INDIA - Respondent
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Appearance
:
MR
NP TANEJA for Petitioner.
None for
Respondent.
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 22/03/2010
ORAL ORDER
By way of this petition, the
petitioner has prayed for the following reliefs :-
(A) Your
Lordships may be pleased to issue appropriate writ of mandamus or
any other suitable writ, order or direction, which the Hon’ble Court
may deem fit, just and proper, directing the respondent.
(B) Pending
hearing and final disposal of present petition, Your Lordships be
pleased to direct the respondent to immediately intervene in the
matter through an impartial Arbitrator to review and add left out
dues, to the award within a time frame as the petitioner is an old
person of 80 years and he has incurred a huge debt for completing
the awarded contract works and was forced to sell out his residence
for want of his dues held up with the railways for the reasons
stated in the memo of petition and, in the interest of justice and
fairness of things.
(BB) Your
Lordships may be pleased to issue direction to appoint an impartial
Arbitrator except Railway to review the award in the interest of
justice.
The
appropriate remedy for the petitioner is to challenge the award of
Arbitrator by way of appropriate proceedings before the Civil Court.
Hence, this petition is misconceived. Petition stands disposed of
accordingly.
Sd/-
[K. S. JHAVERI,
J.]
Savariya
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