Union Of India & Ors vs Madhu Transport Company Pvt Ltd & ...
2015 Latest Caselaw 8462 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                          Pronounced on : 06.11.2015

+     LPA 688/2015 & CM No.22513/2015

      UNION OF INDIA & ORS                      ..... Appellants
                    Through: Mr.Jagjit Singh, Sr.Standing counsel
                    with Ms.Shipra Shukla, Adv. for the
                    appellants/Railways.
               Versus
      MADHU TRANSPORT
      COMPANY PVT LTD & ANR                     ...Respondents
                    Through: Mr.Prateek Jalan, Mr.Saurabh Seth,
                    Ms.Sonia Dube, Mr.S.Chakraborty, Mr.R.Kriplani,
                    Mr.A.Yadav and Mr.K.Yadav,Advs.

      CORAM:
      HON'BLE THE CHIEF JUSTICE
      HON'BLE MR. JUSTICE JAYANT NATH


JAYANT NATH, J.

1. The present appeal seeks to impugn the order dated 29.06.2015 passed by the learned Single Judge in W.P.(C) No.5124/2014 which pertained to the parties and W.P.(C) No.5127/2014 titled Jai Balaji Industries Ltd. & Anr. vs. Union of India & Ors.

2. The appellant had filed a connected appeal being LPA No.685/2015 impugning the order passed in W.P.(C) 5127/2014 which appeal is titled Union of India vs. Jai Balaji Industries Ltd. & Anr. The said LPA was disposed of by this Court vide judgment dated 3.11.2015.

3. The impugned order in LPA No.685/2015 being common to the

present case the present appeal is also disposed of in terms of the said judgment dated 3.11.2015. The same directions in the said judgment dated 3.11.2015 in LPA No.685/2015 would also be applicable to the parties herein.

4. For the sake of convenience, the directions in the said judgment are reproduced herein:-

"38. In view of the above, we upheld the directions passed in the impugned order except the directions appointing Mr. Justice R.C. Chopra, Retired Judge of this Court as an Arbitrator and directions that the Arbitration shall be governed by the rules and regulations of the Delhi International Arbitration Centre.

39. As per the impugned order the appellants were to return the wagons to the respondents within a period of one month from today or alternatively purchase the wagons at an agreed price. We extend the period of one month as stated in the impugned order, i.e. one month from today. If the appellant does not wish to purchase the wagons, it shall return the same within one month from today to the respondent. In case the appellant intends to purchase the wagons or fails to make any response within one month from today, the appellant would calculate the price of the wagons as per its norms under the scheme and tender the payment to the respondents within three months from today. When making payment, the respondent shall be informed about the basis of the calculation of price made by the appellant. The

respondent may accept the price being paid by the appellant without prejudice to its rights and contentions. If the respondent is not satisfied with the price or payment of other dues it may initiate appropriate steps for arbitration for adjudication of the price at which the appellant would be entitled to buy the wagons.

40.The present appeal is disposed of with the aforesaid modification in the impugned order. All pending applications also stand dismissed."

CHIEF JUSTICE

JAYANT NATH, J NOVEMBER 06, 2015 n