B N SONS Vs. NORTHERN RAILWAY

JUDGEMENT

(1.) THE present suit has been instituted by the plaintiff praying inter alia for permanent injunction and for restraining the defendants from withholding an amount of Rs. 33,83,405.89 paise in respect of the four tenders, as detailed in prayer (a) of the prayer clause.

(2.) SUMMONS were issued in the present suit on 1.12.2014. Pursuant thereto, appearance is entered by learned counsel for the defendants, who states that the plaintiffs had issued a notice dated 15.12.2014 to the defendants seeking the appointment of an Arbitrator to adjudicate the disputes between the parties with regard to the subject tenders. He hands over a copy of the notice dated 15.12.2014 issued by the plaintiff to the defendants and states that based on the said request, the defendants have agreed to appoint an arbitrator within two weeks from today for adjudicating the dispute between the parties and a written intimation of the said order shall be communicated to the plaintiff. He further states that the defendants shall abide by the award and the amount withheld, if directed to be released, shall be released in accordance with law.

(3.) COUNSEL for the plaintiff states that the plaintiff reserves its right to approach the learned Arbitrator for release of the aforesaid amount, upon offering a bank guarantee for the said amount.