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2013 Supreme(Del) 207

MANMOHAN SINGH
SAI CONSULTING ENGINEERS PVT LTD – Appellant
Versus
RAIL VIKAS NIGAM LTD – Respondent


Advocates Appeared:
Mr. Parag P.Tripathi, Sr.Adv. with Mr.Shamik Sanjanwala & Mr.Kunal Bahri, Advs.
Mr. Anil Seth, Adv. with Mr.M.K.Pathak, Adv.

JUDGMENT

MANMOHAN SINGH, J.

1. The petitioner is in the business of providing various types of consultancy services, inter-alia, related to the field of civil engineering contracts. Respondent No.1 is a Government of India undertaking registered under the Companies Act, 1956, and established as a Special Purpose Vehicle by the Ministry of Railways, the same is wholly owned and controlled by the Government of India. Respondent No.2 is the competent authority, who issued the impugned order dated 1st October, 2012. Respondent Nos.3 and 4 are officers of the respondent No.1.

2. By this present petition, the petitioner inter alia, seeks relief for stay of operation of the impugned order dated 1st October, 2012 passed by the respondent No.2 authority against the petitioner.

3. It is averred by the petitioner that in view of arbitrable disputes having arisen between the parties with regard to contract having an arbitration clause, the respondents have bypassed the said procedure and proceeded to illegally issue the impugned order dated 1st October, 2012, banning the business of the petitioner and its allied/sister concerns and partners for five years with effect from 30th June, 2011.

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