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SCA/7710/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7710 of 2011
For
Approval and Signature:
HONOURABLE
MR.JUSTICE V. M. SAHAI Sd/-
HONOURABLE
MR.JUSTICE G.B.SHAH
Sd/-
======================================
1.
Whether
Reporters of Local Papers may be allowed to see the judgment ?
NO
2.
To
be referred to the Reporter or not ?
NO
3.
Whether
their Lordships wish to see the fair copy of the judgment ?
NO
4.
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
NO
5.
Whether
it is to be circulated to the civil judge ?
NO
======================================
DEVENDRAKUMAR
TRIPATHI - Petitioner
Versus
DIVISIONAL
RAILWAY MANAGER (COMML) & 1 - Respondents
======================================
Appearance
:
MR
SHAILESH C SHARMA for Petitioner.
None for
Respondents.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE G.B.SHAH
Date
: 23/06/2011
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE V. M. SAHAI)
We
have heard Mr. S. C. Sharma, learned counsel for the petitioner.
This
petition has been filed for the following reliefs :-
“[A] This
Hon’ble Court may be pleased to admit this Special Civil Application;
[B] This
Hon’ble Court may be pleased to allow this Special Civil Application
by issuing a writ of mandamus or any other writ, or order or
direction to quash and set aside the impugned Tender No. C 78/2nd
comp FSLR / 59831 / 11 passed by the respondent no.1 at Annexure A
till the final dispute of the petitioner and respondents pending
before the arbitrator in the interest of justice or thereby
permitting and allowing the petitioner to run business of
transportation of parcels as per the agreement dated 1.6.2010 on
appropriate and suitable condition in the interest of justice;
[C] Be
pleased to issue appropriate writ, order or direction / and directing
the respondent to reconsider the case of the petitioner forthwith;
and
[D] During
the pendency and final hearing of this petition, be pleased to stay
the operation, implementation, execution of the impugned Tender No. C
78/2nd comp FSLR / 59831 / 11 passed by the respondent
no.1 at Annexure A till the final dispute of the petitioner and
respondents pending before the arbitrator in the interest of
justice.”
The
counsel for the petitioner has urged that though he has moved an
application before the respondents invoking arbitration clause, but
till date, Arbitrator has not been appointed. Arbitrator is
appointed under the provisions of Arbitration & Conciliation
Act, 1996. The petitioner should seek his remedy under the
provisions of Arbitration & Conciliation Act, 1996. This Court
cannot issue any direction that till the arbitration proceedings are
pending, the petitioner should be permitted to work.
This
petition is dismissed with liberty to the petitioner to take
recourse under the provisions of Arbitration & Conciliation Act,
1996.
Sd/-
[V. M. SAHAI, J.]
Sd/-
[G. B. SHAH, J.]
Savariya
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