JAIPUR BENCH, JAIPUR v. Chief Administration Officer & Anr.
Case at a glance
- Bench
- NARENDRA KUMAR JAINI
Outcome
Disposed of
the parties, the writ petitions are disposed off with
Provisions considered
Judgment
HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN-I Dr. P.C. Jain, for the petitioners Mr. S.P. Sharma, for the respondents Mr. O.P. Meena, Dy. CE/C/GC, North Western Railway, Jaipur present in person BY THE COURT Both the matters are between same parties and issue involved is also same, therefore, they are being disposed off by this common order.
Learned counsel for the respondents has raised an objection that there is an arbitration clause in the agreement, but without availing alternative remedy by way of application under Section 9 or 11 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as 'the Act'), the petitioner has approached directly before this Court.
Learned counsel for the petitioners has submitted that he is ready to avail the alternative remedy, but the respondents are going to encash the bank guarantee, therefore, the interest of the petitioner be protected and 2 respondents be directed not to encash the Bank Guarantee till the application under Section 9 of the Act is decided by the competent court.
Operative part
In view of submissions of learned counsel for both the parties, the writ petitions are disposed off with liberty/direction to petitioners to avail alternative remedy available to them under the provisions of Arbitration & Conciliation Act, 1996 by way of application before competent court along with an application for interim order. It is further directed that respondents shall not execute the bank guarantee furnished by petitioners till 16th July, 2012.
Learned counsel for the respondents Mr. S.P. Sharma submitted that so far as Writ Petition No.7828/2012 is concerned, the respondents have already encashed the bank guarantee.
Be that as it may, it is made clear that in case, the bank guarantee is not encashed till now, then the same will not be encashed till 16th July, 2012.
Stay applications are also disposed off. A copy of this order be placed on record in connected file. (NARENDRA KUMAR JAIN-I),J. BKS/- “All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.” B.K. SHRIVASTAVA PRIVATE SECRETARY.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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