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2016 Supreme(Pat) 498

VIKASH JAIN
Kumar & Kumar Associates – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner:Mr. Nikhil Kumar Agrawal, Advocate
For the Respondents:Mr. Bindhyachal Singh, Mr. Ram Binod Singh, Mr. Anil Kr. Sinha, Advocates

JUDGMENT :

The present writ petition has been filed for quashing the termination notice bearing no. W.7/17/Misc/PNBE/L/Open/08-09 dated 29.01.2013 issued by the Respondent No. 6 whereby the Agreement No. W-17/Misc/PNBE/L/Open/08-09 executed between East Central Railway and the petitioner on 05.12.2008 has been terminated; as well as for a number of connected reliefs.

2. I.A. No. 2802 of 2016 has been filed for amendment in the relief portion by adding the following prayers –

“1(ix) To issue an appropriate writ/order/direction referring the parties to settle their dispute through the alternative mechanism of arbitration by invoking Section 89 of the Code of Civil Procedure, 1908;

1(x) To issue an appropriate writ/order/direction directing for appointment of an independent arbitrator for adjudication of the dispute between the parties in view of Section 12(5) read with Seventh Schedule of the Arbitration and Conciliation Act, 1996”

Having regard to the nature of the prayers, I.A. No. 2802 of 2016 is allowed and the petitioner is permitted to make appropriate amendments in the writ petition.

3. The short facts of the case are that the petitioner, a registered partnership firm, participated









































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