M/S B.N Sons vs Northern Railway & Anr
2015 Latest Caselaw 434 Del

*       IN THE HIGH COURT OF DELHI AT NEW DELHI

+       CS(OS) 3675/2014 & IAs No.23903-04/2014 & 73/2015


                                                 Decided on: 16.01.2015
IN THE MATTER OF
M/S B.N SONS                                      ..... Plaintiff
                           Through : Mr. Rajiv Sharma, Advocate

                   versus
NORTHERN RAILWAY & ANR                   ..... Defendants
                   Through : Dr. Ashwani Bhardwaj, Adv.
CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J. (ORAL)

1. The present suit has been instituted by the plaintiff praying

inter alia for permanent injunction and for restraining the

defendants from withholding an amount of `33,83,405.89 paise in

respect of the four tenders, as detailed in prayer (a) of the prayer

clause.

2. Summons were issued in the present suit on 1.12.2014.

Pursuant thereto, appearance is entered by learned counsel for the

defendants, who states that the plaintiffs had issued a notice dated

15.12.2014 to the defendants seeking the appointment of an

Arbitrator to adjudicate the disputes between the parties with

regard to the subject tenders. He hands over a copy of the notice

dated 15.12.2014 issued by the plaintiff to the defendants and

states that based on the said request, the defendants have agreed

to appoint an arbitrator within two weeks from today for

adjudicating the dispute between the parties and a written

intimation of the said order shall be communicated to the plaintiff.

He further states that the defendants shall abide by the award and

the amount withheld, if directed to be released, shall be released in

accordance with law.

3. Counsel for the plaintiff states that the plaintiff reserves its

right to approach the learned Arbitrator for release of the aforesaid

amount, upon offering a bank guarantee for the said amount.

4. While reserving the right of the plaintiff to approach the

learned Arbitrator for interim relief, with the consent of the parties,

the present suit is disposed of with directions to the defendants

No.1 & 2 to intimate the name of the Arbitrator to the plaintiff

within two weeks from today, whereafter the parties shall appear

before the learned Arbitrator on a date and time to be conveyed to

them for adjudication of their interse disputes.

5. The suit is disposed of, along with the pending applications.

(HIMA KOHLI) JUDGE JANUARY 16, 2015 sk