IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7518 of 2011 GENERAL SECURITY AND INFORMATION SERVICE(PVT.)LTD. HAVING ITS REGISTRERED OFFICE AT 7/C, ABINASH CHANDRA BANERJEE LANE (EAST BELIA GHATA), KOLKATA, 700010 THROUGH ITS DIRECTOR, NAMELY, SRI JOYDEO CHANDRA SINGH, SON OF AMULYA RATAN SINHA, RESIDING AT 64/2A, SUREN SARKAR ROAD, EAST BELIA GHATA, KOLKATA, 700010 ………..PETITIONER. Versus 1. THE UNION OF INDIA THROUGH THE DIVISIONAL RAILWAY MANAGER, EAST CENTRAL RAILWAY, DANAPUR. 2. THE DIVISIONAL RAILWAY MANAGER, EAST CENTRAL RAILWAY, DANAPUR. 3. THE SENIOR DIVISIONAL MECHANICAL ENGINEER(C.&W.) EAST CENTRAL RAILWAY DANAPUR. 4. THE DIVISIONAL RAILWAY MECHANICAL ENGINEER (C&W) EAST CENTRAL RAILWAY, DANAPUR. 5. THE ASSISTANT MECHANICAL ENGINEER (C.&W) EAST CENTRAL RAILWAY DANAPUR. 6. THE SENIOR SECTION ENGINEER, EAST CENTRAL RAILWAY, DANAPUR. …………RESPONDENTS. For the petitioner : Mr. Radha Mohan Singh, Adv. ----------- 03. 18.05.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging letter dated 31.12.2010(Annexure-28) issued by the Senior Divisional Railway Mechanical Engineer(C&W), East Central Railway, Danapur(respondent no.3) by which the contract of the petitioner had been rescinded in terms of clause 62 of the general conditions of the contract and other for ancillary reliefs. 3. A counter affidavit has been filed by the respondent nos. 1 to 6 and supplementary affidavit has been filed by the petitioner. From the said pleadings as well as from arguments of the parties, it is quite apparent that there is an arbitration clause in the 2 agreement and the petitioner has already filed an application for arbitration which is pending since 25.03.2011. Learned counsel for the respondents submits that the time limit for disposal of arbitration matter is 120 days. 4. In the aforesaid facts and circumstances, this writ petition is disposed of with a liberty to the petitioner to approach the Arbitration Authority along with a copy of this order and the said authority shall decide the arbitration matter in accordance with law expeditiously by 25.07.2011. Till the arbitration matter is decided, operation of open tender notice dated 04.05.2011 (Annexure-13) for submission of tender and opening of tender shall remain stayed as it has remain stayed during the pendency of this writ petition vide order dated 03.05.2011. Devendra/ (S.N.Hussain, J.)