Deepak Trading Company v. Food Corporation of India
2010-05-03
ADARSH KUMAR GOEL, ALOK SINGH
body2010
DigiLaw.ai
ORDER 1. This petition seeks direction to extend time allowed to the petitioner to lift the stocks as per the contract and also to quash order dated 19.3.2010, Annexure P-8, whereby security deposit of the petitioner was forfeited on account of default in complying with the conditions of the contract. 2. Case of the petitioner is that in pursuance of tender notice, offer of the petitioner was accepted for lifting of the Bajra stocks. The petitioner deposited 25% of the amount within the stipulated time but did not deposit the remaining 75% amount within the time permissible. Explanation on behalf of the petitioner is that it could deposit the amount in instalments and expected to receive payment by selling bags of stocks, if allowed to be lifted after part deposit. It is further submitted that the entire amount could not be deposited for certain unavoidable reasons, including labour problem. Extension was granted in similar circumstances in certain cases. The petitioner made representation, Annexure P-6, which has been rejected vide order, Annexure R-1. 3. We have heard learned counsel for the parties. There is undisputed default in making the deposit. Though explanation is sought to be furnished, question whether there is any justification for breach of the contract, is not a matter which can be gone into in writ jurisdiction. We, thus, do not consider it necessary to go into the controversy raised. It is made clear that the petitioner will be at liberty to take any other alternative remedy in accordance with law. 4. Learned counsel for the Food Corporation of India says that a Grievance Committee has been constituted by the Corporation to look into such type of grievances and if the petitioner so wishes, it can make representation to the said Committee. 5. If any such representation is made by the petitioner within one week from today, the same will be decided within two weeks, thereafter. 6. The petition is disposed of accordingly. --------------