Madras High Court
Viskan Logistics Services Private ... vs The General Manager on 6 August, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.A.No.2350 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.08.2024
CORAM :
THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.B.BALAJI
W.A.No.2350 of 2024
Viskan Logistics Services Private Limited,
rep. by its Authorised Signatory
Viswan Subra Manimaran,
No.2, 3rd and 4th Floor, 1st Main Road,
Muneshwara Block, Mahalakshmi Layout,
Bangalore-560 086. .. Appellant
Vs
1.The General Manager,
Southern Railway,
Chennai-600 003.
2.The Senior Divisional Commercial Manager,
Southern Railway,
Salem-636 005.
3.The Senior Divisional Finance Manager,
Southern Railway, Divisional Office,
Commercial Branch,
Salem-636 005. .. Respondents
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W.A.No.2350 of 2024
Prayer: Appeal under Clause 15 of the Letters Patent against the order
dated 10.6.2024 passed by the learned Single Judge in W.P.No.20983
of 2021.
For the Appellant : Mr.M.Santhanaraman
For the Respondents : Mr.V.Chandrasekaran
Senior Panel Counsel
JUDGMENT
(Delivered by the Hon'ble Acting Chief Justice)
Heard Mr.M.Santhanaraman, learned counsel for the appellant
and Mr.V.Chandrasekaran, learned Senior Panel Counsel for the
respondents.
2. Challenging the order of the learned Single Judge dated
10.6.2024 passed in W.P.No.20983 of 2024, the unsuccessful writ
petitioner has filed the present writ appeal.
3. Learned Senior Panel Counsel appearing for the
respondents submitted that there is a clause in the agreement,
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namely Clause 31.1 qua demand for arbitration and, in view of the
specific clause for arbitration, the writ petition under Article 226 of
the Constitution of India is not maintainable.
4. Learned counsel for the appellant admits the existence of
the arbitration clause in the agreement.
5. Any dispute arising out of the agreement in question has to
be resolved by appointing an Arbitrator. Since both the parties
admit the existence of arbitration clause, the course open to the
appellant is to seek the appointment of an Arbitrator and the
appellant is at liberty to raise all its contentions before the
Arbitrator.
6. With the aforesaid liberty to the appellant, the writ appeal
stands disposed of. There shall be no order as to costs.
Consequently, C.M.P.No.16541 of 2024 is closed.
7. At this juncture, on the basis of the request made by
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learned counsel for the appellant, we make it clear that the
respondents shall not invoke the bank guarantee for a period of four
weeks from today.
(D.K.K., ACJ.) (P.B.B, J.)
06.08.2024
Index : Yes/No
NC : Yes/No
bbr
To
1.The General Manager,
Southern Railway,
Chennai-600 003.
2.The Senior Divisional Commercial Manager,
Southern Railway,
Salem-636 005.
3.The Senior Divisional Finance Manager,
Southern Railway, Divisional Office,
Commercial Branch,
Salem-636 005.
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https://www.mhc.tn.gov.in/judis
THE HON'BLE ACTING CHIEF JUSTICE
AND
P.B.BALAJI, J.
bbr
06.08.2024
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