IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17626 of 2008 1. M/S HARI SHARNAM CONSTRUCTIONTHROUGH SRI VIDIYA NAND ROY, THE PARTNER, RESIDENT OF VILLAGE PIPRA, VIA BARAUNI, P.O. PIPRA DEWAS, DISTRICT BEGUSARAI. 2. VIDIYA NAND ROY, SON OF SRI RAMANAND ROY, RESIDENT OF VILLAGE PIPRA, VIA BARAUNI, P.O. PIPRA DEWAS, DISTRICT BEGUSARAI. Versus 1. THE UNION OF INDIA THROUGH THE G.M. (ENGG.) E.C. RAILWAY, HAZIPUR, VAISHALI. 2. THE G.M. ( engg.), E.C. RAILWAY, HAZIPUR, VAISHALI. 3. THE CHIEF ENGINEER (CORD), E.C. RAILWAY, HAZIPUR, VAISHALI. 4. THE D.R.M., E.C. RAILWAY, DANAPUR, PATNA. 5. THE SENIOR D.E.N. (CORD), E.C. RAILWAY, DANAPUR, PATNA. 6. THE SENIOR DEN (2), E.C. RAILWAY, DANAPUR, PATNA. 7. THE SENIOR D.F.M., E.C. RAILWAY, DANAPUR, PATNA. ----------- For the petitioners : Mr. Arvind Kr. Singh, Adv. For Railway : Mr. Arvind Ujjwal, Advocate. --- 2/ 10.05.2010 Let the petitioners raise an arbitration with regard to the dispute and the payments to which they are entitled to as well as the fact as to whether the respondents were correct in rescinding the contract since the work was not completed even after more than four years of its award to the petitioners. The disputes and stand of the two parties cannot be adjudicated on the basis of the averments made in the present writ application, which requires production of the documents and record for verification of the kind of work done by the petitioner, as also the so called variation effected from the actual work which was completed by the - 2 - petitioners. The writ application is disposed of without expressing any opinion of the merit of the claim of the petitioners. ( Ajay Kumar Tripathi, J ) BTiwary/