UNION OF INDIA Vs. HARPAL DAS MADHYANI

JUDGEMENT

(1.) THIS , miscellaneous appeal has been preferred by the dafendants -Union of India through General Manager (Administration), N.F. Railway, Maligaon, Gauhati and others against the order dated 26.7.1996 passed by the Subordinate Judge IV, Katihar in Title Suit No. 54 of 1994 whereby he has been pleased to allow the application of the plaintiff for review of the order dated 24.5.1996 passed by him referring the suit to the Arbitrator.

(2.) THE brief facts of the case are that plaintiff -respondent no. 1, M/s Harpal Das Madhyani, a Railway Contractor, filed Title Suit No. 54 of 1994 in the Court of Sub -Judge, Katihar for declaration that Memorandum No. W/362/88/OMLF/APD/Ballast/W -3 dated 17.9.1991 and other memorandums and notice issued by the railway authorities (defendants) are illegal, invalid and inoperative and the same are biased and violative of legal and fundamental rights and also for issuing permanent injunction restraining the defendants from giving effect to its order contained in the abovesaid memorandums and notices.

(3.) IT appears that on that petition the court passed order on 24.5.1996 and by the said order the learned Subordinate Judge referred the suit for arbitration with observation that Arbitrator shall submit report within six months from the date of the said order. It appears that after passing of the said order the plaintiff preferred an application for review of the order dated 24.5.1996 and then the learned Subordinate Judge heard both the parties on the prayer of the plaintiff and by order dated 26.7.1996 the learned Subordinate Judge passed the impugned order whereby he reviewed the matter and recalled his order dated 24.5.1996 by which order he has referred the suit for arbitration. Against the said order, this miscellaneous appeal has -been preferred.