(1.) HEARD learned counsel for the petitioner and learned counsel for the Railway.
(2.) IN the present case, petitioner has filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act") for appointment of an Arbitrator.
(3.) AFTER giving notice for settlement of dispute, the petitioner filed a case before Sub -Judge, Katihar vide Misc. Case No. 8 of 1998 under the provisions of the Act. There objection was taken for maintainability of the case and later on Misc. Case No. 8 of 1998 was dismissed as withdrawn vide order dated 5.9.2005 with a liberty to approach the proper forum.