Court No. - 40
Case :- WRIT - C No. - 12530 of 2021 Petitioner :- M/S Mahadev Industries Respondent :- State of U.P. and Others Counsel for Petitioner :- Pratik Chandra Counsel for Respondent :- C.S.C.,Ravindra Singh Hon'ble Manoj Misra,J.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard Sri Nishant Mishra assisted by Sri Pratik Chandra for the petitioner; Sri Ravindra Singh for the U.P. Cooperative Sugar Factories Federation Limited (respondent no.2); and the learned Standing Counsel for the respondent no.1.
The case of the petitioner is that pursuant to a tender floated by respondent no.2 for lifting molasses from co-operative sugar factories, it made a bid with deposit, which was accepted. As per conditions of acceptance of the bid, the molasses were to be lifted from the concerned sugar factories by a specified date. However, if, for any reason, the molasses could not be lifted within the date specified, power was conferred on the Managing Director of U.P. Cooperative Sugar Factories Federation Limited (respondent no.2) to extend the date.
It is the case of the petitioner that on account of unavoidable circumstances, such as delay in issuance of No Objection Certificate, molasses could not be lifted from the factories within the date specified. Accordingly, the petitioner moved an application for extension of date, and the date was extended upto 14th April, 2021. Before that, as per the conditions of acceptance of bid, molasses was lifted from two factories, covered under the bid, but molasses could not be lifted from the fourth respondent before expiry of that date. Consequently, on 12.04.2021, application was moved before the second respondent for further extension. But, till date, no order has been passed on that application.
The grievance of the petitioner is that without considering the application of the petitioner for further extension of the date to lift molasses from the fourth respondent, a fresh tender for lifting the molasses is likely to be floated by the respondent no.2 and, therefore, this petition has been filed with a prayer that a direction be issued upon the second respondent to extend the date of lifting the remaining molasses from Kisan Sahkari Chini Mills Ltd. (fourth respondent).
Sri Ravindra Singh, who appears for the second respondent, submitted that there is an arbitration clause in the agreement and therefore this petition is not maintainable. He, however, does not dispute the position that the second extension application moved by the petitioner before the second respondent on 12th April, 2021 has not yet been considered.
In view of the above, without expressing any opinion on merits, to secure the ends of justice, we deem it appropriate to dispose off this petition by requiring the second respondent to address and decide the application of the petitioner, dated 12th April, 2021, for extension of the period to lift the molasses from the fourth respondent, by a speaking order, within two weeks from the date a copy of this order is produced before him along with a copy of this petition. Provided the same is submitted within 10 days from today. Subject to above, it is further provided that till a final decision is taken on the application of the petitioner dated 12th April, 2021, as directed above, no fresh tender shall be settled, unless it has already been settled.
The petition stands disposed off as above.
Order Date :- 25.5.2021 AKShukla/-
Digitally signed by Justice Manoj Misra Date: 2021.05.25 17:46:11 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by SYED AFTAB HUSAIN RIZVI Date: 2021.05.25 17:46:42 IST Reason: Document Owner Location: High Court of Judicature at Allahabad