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C.W.P. No. 3824 of 2001 Vs. Director Food and Civil Supplies.and Another - Court Judgment

SooperKanoon Citation

Court

Punjab and Haryana High Court

Decided On

Appellant

C.W.P. No. 3824 of 2001

Respondent

Director Food and Civil Supplies.and Another

Excerpt:


.....respondents. as per the information given to the respondents there is an arbitration clause where the dispute with regard to payment can be referred to the arbitrator. the agreement is with the food corporation of india and there is an arbitration clause where the claim with regard to payment can be settled between the parties. the payment has to be made by the food corporation of india who has not been made a party in this writ petition. at this stage, no order can be passed in favour of the petitioner. as the petitioner's claim can only be settled by way of invoking the arbitration clause and since the payment has to be made by the food corporation of india, no directions can be issued to the state of punjab. the writ petition is disposed of. ( ritu bahri ) judge192.2014 rupi kaur rupinder 2014.02.28 11:00 i attest to the accuracy and integrity of this document chandigarh

Judgment:


C.W.P.No.3824 of 2001 [ 1 ].IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH C.W.P.No.3824 of 2001 Date of Decision: February 19,2014 M/s Amrit Rice and General Mills, Bikhi Wind....Petitioner Versus Director Food and Civil Supplies.and another ...Respondents Coram: Hon'ble Ms.Justice Ritu Bahri 1.To be referred to the Reporters or not?.

2.

Whether the judgment should be reported in the Digest?.

Present: None for the petitioner.

Ms.Anu Pal, AAG, Punjab..RITU BAHRI, J.

(Oral) The petitioner firm in the year 1997-98 had delivered 751.5 quintals of rice to the Assistant Manager (Depot) Food Corporation of India Bhikhi Wind.

A total stock valuing to `600400.00 was received by the representatives of the aforesaid Corporation and its purchase bills are annexed with the writ petition as Annexure P-3.

The petitioner sent a representation dated 6.4.1999 (Annexure P5) to the respondents to make the payment as per Section 7(3) of the Punjab Rice Procurement Kaur Rupinder 2014.02.28 11:00 I attest to the accuracy and integrity of this document Chandigarh C.W.P.No.3824 of 2001 [ 2 ].(Levy) Order, 1983.

As per the amount worked out by the Chartered Accountant the total amount comes to `1007102.51 (`6 lakh for levy rice and `4 lakh as interest).On notice, reply has been filed by the respondents.

As per the information given to the respondents there is an Arbitration Clause where the dispute with regard to payment can be referred to the Arbitrator.

The Agreement is with the Food Corporation of India and there is an Arbitration Clause where the claim with regard to payment can be settled between the parties.

The payment has to be made by the Food Corporation of India who has not been made a party in this writ petition.

At this stage, no order can be passed in favour of the petitioner.

As the petitioner's claim can only be settled by way of invoking the Arbitration Clause and since the payment has to be made by the Food Corporation of India, no directions can be issued to the State of Punjab.

The writ petition is disposed of.

( RITU BAHRI ) JUDGE192.2014 rupi Kaur Rupinder 2014.02.28 11:00 I attest to the accuracy and integrity of this document Chandigarh




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