IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3221 of 2011 MD.SABIR HUSSAIN SON OF LATE SAMSUDDIN, RESIDENT OF VILLAGE SUNDERGACHHI, MEENAPUR, POLICE STATION BALIA BELON, DISTRICT-KATIHAR. …… PETITIONER. VERSUS 1. THE UNION OF INDIA THROUGH THE GENERAL MANAGER, N.F. RAILWAY, MALIGAON, GAUHATI. 2. THE GENERAL MANAGER COMMERCIAL N.F. RAILWAY, MALIGAON, GAUHATI. 3. THE SENIOR DIVISIONAL COMMERCIAL, RAILWAY MANAGER, N.F. RAILWAY, KATIHAR. 4. THE DIVISIONAL COMMERCIAL RAILWAY MANAGER, KATIHAR. 5. THE DIVISIONAL RAILWAY MANAGER, KATIHAR. …… RESPONDENTS. ----------- For the petitioner : M/s Najmul Hoda & Md. Qumrul Hoda, Advocates. For the respondents: Mr. Anil Singh, Advocate. ---------- 04/ 25.04.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner for modification/ review of the agreement regarding commission being paid to the petitioner and further for a direction to fix safety charge of Rs.1.00 per ticket with arrears and supply of kerosene oil etc. 3. Learned counsel for the respondents submits that there is an arbitration clause in the agreement dated 07.08.2009 (Annexure-1) and the petitioner could have got the dispute settled by arbitration. Learned counsel for the petitioner submits that he has already filed several applications before the authorities concerned for referring the matter before the arbitrator but to no effect. 4. Considering the facts of the case as well as the - 2 - materials on record it is quite apparent that the dispute in question can be well decided by the arbitrator to be appointed by the respondents-authorities as per clause 14 of the agreement in question. 5. In the said circumstances, this writ petition is disposed of with a liberty to the petitioner to file a fresh application along with a copy of this order before the General Manager Commercial N.F. Railway, Maligaon, Gauhati (Assam) within four weeks for appointment of arbitrator. If such an application is filed by the petitioner, the said authority shall consider the matter and refer the dispute to the arbitrator as provided under clause 14 of the agreement expeditiously, preferably within a period of one month from the date of production of a copy of this order. The arbitrator, so appointed, shall also expedite the matter and the petitioner is allowed to raise all the objections before the Arbitrator which is available to him. Sunil (S. N. Hussain, J.)