Authority: Calcutta High Court
Order Date: 25 June 2026
Case Overview
- Petitioners: Eastern Track Udyog Private Limited & Anr.
- Respondents: Union of India & Ors.
- Writ Petition: WPA 11499 of 2025 filed under Constitutional Writ Jurisdiction (Appellate Side).
- Dispute: Delay in supplying 307 units (out of a total order of 740) of 10125 mm curved switches with Zu‑1‑60 Thick Web Grade 880 class A tongue rails and UIC 60 kg/m Grade‑880, class A/Class B prime quality stock rails, equipped with elastic fasteners and spring‑operated setting devices.
- Respondents are prepared to accept the remaining 307 units subject to liquidated damages; petitioners are willing to supply but contest the imposition of such damages.
- Both parties consent that the question of liquidated damages is a matter for arbitration.
- The Court, with consent of both sides, appointed Retired Justice Subrata Talukdar as Arbitrator to decide the liquidated‑damages issue and any other related disputes.
- An interim order dated 23 June 2025, which has been extended periodically, will continue to be in force for four weeks from the date of this order.
Final Outcome
- The writ petition is disposed of.
- Eastern Track Udyog Private Limited is directed to supply the balance 307 units of the railway switch sets to the respondent authorities.
- Determination of whether liquidated damages are payable, and the amount thereof, shall be decided by the appointed Arbitrator, Justice Subrata Talukdar.
- The interim order dated 23 June 2025 remains effective for a further four weeks.
- All parties are instructed to act on the server copy of this order downloaded from the official Court website; certified copies will be issued upon compliance with formalities.
Topics: Railway Procurement, Arbitration, Court Order