IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.277 of 2010 Rabindra Prasad, son of Late Ramdevan Prasad, Resident of village-Jamaluddin Chak, P.S.-Khagaul, District- Patna. --- Appellant/Petitioner. Versus 1. The Union of India through the Secretary, Ministry of Railways, New Delhi. 2. East Central Railway having its office at Hajipur through General Manager, Hajipur, Vaishali. 3. The Divisional Railway Manager, East Central Railway, Danapur, Patna. 4. The Senior Divisional Engineer, (Co-ord) East Central Railway, Danapur, Patna. 5. The Senior Finance Manager, East Central Railway, Danapur, Patna. 6. The Senior Divisional Engineer (3), East Central Railway, Danapur, Patna. 7. The Divisional Engineer (3), East Central Railway, Danapur, Patna. ... Respondent/Respondents. ----------- For the appellant : Mr. J.P.Shukla, Senior Advocate with Mr. R.K.Shukla, Advocate. ------- 02. 11.02.2010 I.A.No.1377 of 2010 This is an application for condonation of delay of five days in preferring the appeal. Before adverting to the question of limitation we thought it seemly to dwell upon the merits of the case. We have heard Mr. J.P.Shukla, learned senior counsel along with Mr. R.K.Shukla, learned counsel for the appellant-petitioner. - 2 - The appellant-petitioner invoked the jurisdiction under Article 226 of the Constitution of India forming the subject matter of CWJC No.6891 of 2009 whereby he assailed the termination order of contract on many a ground. The learned Single Judge dismissed the writ petition observing, inter alia, that many facets of dispute emerging from the pleadings of the parties have to be addressed and to determine the same evidence is required to be led and evaluated. The learned Single Judge further opined proper forum is to raise the dispute before the Arbitrator. In our considered opinion, the view expressed by the learned Single Judge cannot be found fault with. At this juncture, Mr. Shukla, learned senior counsel for the appellant-petitioner submitted that the Railway administration is going to forfeit the amount which is in the deposit before the Railways. Needless to emphasise, the appellant-petitioner can seek recourse to the provisions contained in the Arbitration and Conciliation Act, 1996 for protection of his interest. In view of the aforesaid, we are not inclined to condone the delay and, accordingly, with the observations - 3 - mentioned in the order, the appeal stands disposed of. Sunil (Dipak Misra, C.J.) (Mihir Kumar Jha, J.)