Court No. - 3
Case :- WRIT - C No. - 25088 of 2020 Petitioner :- M/S Varun Builders Respondent :- The Union Of India And 3 Others Counsel for Petitioner :- Ashutosh Srivastava Counsel for Respondent :- A.S.G.I.,Vikash Chandra Tripathi
Hon'ble Manoj Misra,J. Hon'ble Ravi Nath Tilhari,J.
Sri Ratan Deep Mishra holding brief of Sri Vikas Chandra Tripathi, learned counsel representing the respondents, has submitted that the grievance raised by the petitioner can be addressed by the General Manager concerned under Clause 63 of the Indian Railways Standard General Conditions of Contract and, therefore, the petitioner has an alternative remedy.
The contention of the learned counsel for the petitioner is that Clause 63 would not apply to matters which are within the purview of excepted matters, that is non arbitrable matters, and since the exercise of powers under Section 62 (i) falls within excepted matters, clause 63 would not be applicable.
Be that as it may, as the counsel for the Respondents has suggested that the General Manager can address the grievance of the petitioner under Clause 63 of the Indian Railways Standard General Conditions Contract, we deem it appropriate to dispose of this petition by giving liberty to the petitioner to invoke the powers of the General Manager under Clause 63 of the Indian Railways Sandard General Condition of Contract.
In case the General Manager refuses to entertain the application of the petitioner on the ground that the same is not maintainable, it will be open to the petitioner to file a fresh petition.
With the aforesaid liberty the petition is disposed of.
Order Date :- 8.1.2021 Manish Tripathi