Sushil Kumar Aggarwal vs General Manager Northern Railway ...
2017 Latest Caselaw 1288 Del

$~6.
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      RFA 754/2015
       SUSHIL KUMAR AGGARWAL                     ..... Appellant
                    Through: Mr. S.W. Haider, Advocate

                         versus

       GENERAL MANAGER NORTHERN RAILWAY & ANR
                                                    ..... Respondents
                   Through: Mr. Shailender Saini, Advocate with
                   Ms. Rashmi Malhotra, Advocate

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                         ORDER

% 08.03.2017

1. The appellant/plaintiff is aggrieved by the judgment dated 04.02.2015 passed by the learned trial court, dismissing his suit for declaration, permanent and mandatory injunction instituted against the respondents/Northern Railways on the ground that the same is not maintainable in view of non-compliance of Section 80 CPC and under Order VII Rule 11(a) CPC on the ground that the plaint does not disclose a cause of action.

2. After addressing arguments at some length, learned counsel for the appellant states that he may be permitted to withdraw the present appeal while reserving the right of the appellant to pursue an application submitted by him to the respondent No.1, for invoking the arbitration clause governing the parties.

3. Leave, as prayed for, is granted. The appeal is disposed of. Liberty is granted to the appellant to pursue his application invoking the arbitration clause governing the parties, stated to be pending with the respondent No.1/Northern Railways, before the appropriate forum, in accordance with law.

HIMA KOHLI, J MARCH 08, 2017 rkb