Altamas Kabir, J. - (1.) This appeal is directed against the judgment and order dated 10th November, 1998, passed by the learned Single Judge in W.P. No. 140 of 1997, dismissing the writ petition filed by the appellants as being not maintainable in view of the alternate remedy available to the appellants by way of arbitration.
(2.) On 16th September, 1981, the appellants and the respondents entered into a contract for manufacture and supply of Monoblock Concrete Sleepers. Under the said contract the appellant-Company was to set up a factory/plant for the manufacture of concrete sleepers at any place between Kharagpur Section in West Bengal and Gondia Section in Maharashtra. The appellant-Company was, thereafter, required to manufacture and supply 2,10,000 pieces of Monoblock Concrete Sleepers to the respondent Railway authorities at the first instance. The Railway authorities reserved their right to place orders for a further quantity of 2,00,000 sleepers with the appellant-Company at the same price and on the same terms and conditions as were applicable in respect of the initial order for 2,10,000 sleepers.
(3.) In keeping with the said contract, the appellants setup their factory/ plant which was completed and commissioned in 1983.;