Back
VIVEK KUMAR BIRLA, VIKAS BUDHWAR
Calstar Steel Ltd. – Appellant
Versus
North Eastern Railway – Respondent
JUDGMENT :
1. This is a petition under Article 226 of the Constitution of India seeking following reliefs :-
(b) Issue a writ, order or direction/declaration in the nature of mandamus or any other appropriate writ, order or direction directing that the Impugned Order dated 30.12.2021 [ANNEXURE NO.XXXIII] is wholly arbitrary, illegal and contrary to well established legal principles and being so also amount to a serious violation of the Fundamental Rights of the Petitioner No.2 and further direct the Respondents to forthwith amend the Agreement dated 05.09.2014 [ANNEXURE No. XV] to include with effect from the year 2016, land admeasuring 1122.59 sq. mtrs. in addition to 5414.40 sq. mtrs. Already allotted in terms of the Joint Inspection Report dated 04.04.2016 [ANNEXURE No.XX]; and
(c) Issue a writ, order or direction in the nature of certiorari or any other appropriate writ, order or direction quashing the Impugned Order dated 30.12.2021 [ANNEXURE No.XXXIII] being wholly arbitrary, illegal and
Point of Law : Parliament in exercise of powers as conferred therein enacted an Act by the name in the nomenclature of Arbitration and Conciliation Act, 1996 in order to consolidate and amend the law....
Court exercising jurisdiction under Article 226 of the Constitution of India is also a Court of Equity It will have to be mindful of interests of justice and ensure that in rigidly applying technical....
The main legal point established in the judgment is that the dispute fell within the ambit of the arbitration clause in the contract and that the public law remedy was not required as an effective pr....
The court affirmed that contractual obligations must be honored when supported by competent authority approvals and committee recommendations, reinforcing the binding nature of such decisions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
