IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.970 of 2008 M/S UTTAR BIHAR CONSTRUCTION Company, Sports Club Road, Chhatauni, Motihari, East Champaran, through its Partner Rabindra Pratap Singh son of Late Jung Bahadur Singh resident of village Rajapur Mathia, P.S. Kotwa in the district of East Champaran. Versus 1. THE UNION OF INDIA through General Manager, East Central Railway, Danapur, Patna. 2. The Divisional Railway Manager (Works), East Central Railway, Danapur, Mahendru, Patna. 3.The Construction Administration Officer (South), East Central Railway, Mahendru, Patna. 4. The Chief Engineer, Construction (South), East Central Railway, Danapur, Patna. 5. The Deputy Chief Engineer, Construction, East Central Railway, Danapur, Patna. 6. The Senior Divisional Engineer (Lines), East Central Railway, Danapur. 7. Allied Infra Structures and Project Pvt. Ltd. P-16, Bentic Street, A.C. Mansion, 3rd Floor, Kolkata. ------ For the Appellant :- M/S. Basant Kumar Chaudhary & Gopal Prasad Roy. For the Responents :- M/S. N. K. Agrawal, Senior Advocate & Dr. Kumar Uday Pratap ------ 6 10/11/2009 Heard learned counsel for the appellant and learned counsel for the Union of India representing the Railways. By the impugned order under appeal the writ Court has considered its limitation in dealing with a contract matter between the appellant and the Indian Railways. In our view the Writ Court rightly restrained itself from interfering into the thickets of facts necessary for granting relief in such matters. Attention of the writ Court was drawn to the arbitration clause and we are of the view that if the petitioner feels that it has suffered any injury at the hands of the respondents, it may pursue remedy through arbitration. In that eventuality it goes without saying - 2 - that the railway shall cooperate in that matter in accordance with law. This letters patent appeal is dismissed with the above observation. (Shiva Kirti Singh, ACJ.) (Shyam Kishore Sharma, J.) AMIN