Chairman Railway Board & Anr vs Tyrist Enterprises & Anr
2015 Latest Caselaw 8463 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                           Pronounced on: 06.11.2015
+     LPA 665/2015 & CM No.21704/2015
      CHAIRMAN RAILWAY BOARD & ANR             ..... Appellants
              Through: Mr.Jagjit Singh, Sr.Standing counsel with
                       Ms.Shipra     Shukla,   Adv.      for    the
                       appellants/Railways.

                    Versus
      TYRIST ENTERPRISES & 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 order dated 6.8.2015. The impugned order relies wholly on the earlier judgment of the learned Single Judge passed in W.P.(C) No.5124/2014 and 5127/2014 dated 29.6.2015. Against the said order of the learned Single Judge passed in W.P.(C) 5127/2014 the appellant had filed an appeal being LPA No.685/2015 titled Union of India vs. Jai Balaji Industries Ltd. & Anr. We have pronounced the judgment in the said appeal on 3.11.2015.

2. Accordingly, the present appeal is disposed off in terms of the said judgment dated 3.11.2015. The directions in the said appeal would also apply to the parties.

3. For the sake of convenience, the directions in the said judgment dated 3.11.2015 in LPA No.685/2015 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