Court No. - 10
Case :- WRIT - C No. - 56226 of 2017 Petitioner :- M/S Shams Rice Mill, Shahjahanpur Through Its 3 Proprietors Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Akhilesh Kumar Pandey,Sanjeev Mishra Gana Counsel for Respondent :- C.S.C.
Hon'ble Arun Tandon,J. Hon'ble Rajiv Joshi,J.
The petitioner was admittedly awarded a contract in the matter of hailing of paddy and for supply of levy rice. There is a dispute between the petitioner and the Regional Food Controller with regards to the required quantity of levy rice having not been supplied. Petitioner challenging the recovery, which is sought to be affected for such short supply. Admittedly, under the agreement entered into between the petitioner and the respondents, there is an arbitration clause.
Suffice to record that as per the instructions received by the Standing Counsel, there is a Government Order dated 16.11.2017, which permits the amount representing the short supply of levy rice to be paid in instalments.
In view of the aforesaid, we see no reason to interfere in the present writ petition. Petitioner may invoke the arbitral proceedings or may take recourse to the benefits available under the Government order dated 16.11.2017 as may be advised.
Petition is, accordingly, dismissed with liberty as aforesaid.
Order Date :- 27.11.2017 Noman