SHARUAN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner seeks to exercise rights under Section 79 of the Railways Act, 1989.

(2.) Learned advocate for the petitioner submits that, there is an allegation of overweight by the Railways. The petitioner is yet to take delivery of the goods. He relies upon a decision of this Court rendered on March 3, 2017 in W.P. No. 5842(W) of 2017 (Harish Sharma Vs. Union of India & Ors.) and submits that, the petitioner is similarly situated and circumstanced and, therefore, should be granted similar relief as Harish Sharma (supra).

(3.) Learned advocate for the respondent nos. 4 and 7 submits that, there is an arbitration clause. By reason of such arbitration clause, he submits that, the writ petition is not maintainable. In support of such contention, he relies upon an unreported decision dated May 18, 2006 passed in W.P. No. 2206 of 2005 (The Champdany Industries Ltd. & Anr. Vs. The New India Assurance Co. Ltd. & Ors.) and ( Smt. Rukmanibai Gupta Vs. Collector, Jabalpur & Ors , 1980 4 SCC 556.). He submits that, the Railways have issued a letter of termination.