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2021 DIGILAW 303 (CHH)

Addim Jati Seva Sahakari Samiti Maryadit, Rajpur v. State of Chhattisgarh

2021-09-01

GOUTAM BHADURI

body2021
ORDER : 1. The learned counsel for the parties jointly submit that this writ petitions are covered by the decision rendered by this Court in W.P. (C) No. 2805 of 2021 in case of Gyanendra Pratap Singh vs. State of Chhattisgarh and Others. Therefore, this writ petitions may also be disposed off in terms of paragraphs 11 and 12 of Gyanendra Pratap Singh (supra). 2. This Court, while disposing off Gyanendra Pratap Singh (supra), vide paragraphs 11 and 12 held as under: “11. The submissions of the petitioners and the respondents would show as on date that the dispute arisen about the performance of the agreement is quite logical that if the paddy was not transferred because of the fault of Marketing Federation and caused loss and further loss by rain it cannot be pass on to head of the petitioners. The submission of the petitioners that in absence of the DO/TO the paddy could not be transferred is also required to be examined to finalize the liability. All these issue are required to be adjudicated at the same time the petitioners cannot be driven to a corner by arm twisting method to lodge FIR for any loss which might have been caused. Therefore, under the facts of this case, to arrive at the finding of fact about failure of performance of agreement on either part of the party i.e. procurement centre or State Marketing Federation as per Clause 14 the issue is referred to the Collector of the particular district. The Collector shall adjudicate the issue after the evidence is adduced about the non performance of part of the contract by either of the parties and shall thereafter decide it accordingly. The petitioners shall be at liberty to invoke clause 14 i.e. Arbitration Clause along with the memo of their claim for 2020-21 within a period of 2 weeks and the same shall be concluded with a reasonable time. The petitioners shall also be entitled to file any interim prayer in the circumstances of this case to claim interim due or any other relief to arrest further loss of paddy. 12. With the aforesaid observation, the petitions stand disposed of.” 3. The petitioners shall also be entitled to file any interim prayer in the circumstances of this case to claim interim due or any other relief to arrest further loss of paddy. 12. With the aforesaid observation, the petitions stand disposed of.” 3. Accepting the submission of the learned counsel for the parties, this writ petitions are also disposed off in terms of paragraphs 11 and 12 of Gyanendra Pratap Singh (supra) and the Collector shall adjudicate the issue after evidence is adduced about non performance of the part of the contract by either of the parties itself, thereafter decide it accordingly. 4. The Petitioners shall be at liberty to invoke clause 14 i.e. Arbitration Clause along with the memo of their claim for the year 2020-21 within a period of two weeks and the same shall be concluded within a reasonable time. The Petitioners shall also be entitled to file an application for interim relief in the circumstances of this case to claim interest due or any other relief to arrest further loss of paddy. 5. The writ petitions are accordingly disposed off.