THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
W.A.NO.548 OF 2013
ORDER/JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
None appears for the appellant on call though. Mr. Bandari
Sankar, learned Assistant Government Pleader for Civil Supplies is
present for respondent No.1 and Mr. Acharya, learned Standing
Counsel for Civil Supplies Corporation is present for respondent No.2.
2. The present writ appeal is filed against the order dated 14.03.2013 passed by the learned Single Judge disposing of W.P.No.3607 of 2013 filed by the appellant.
3. The writ petitioner/appellant has filed the related writ petition assailing the order in proceedings vide No. Mktg/M6/9109(11)2009, dated 29.08.2012 issued by respondent No.2 imposing certain penalties on the appellant-firm as well as black listing it from participating in any future tenders of respondent No.2- Corporation.
::2::
4. Learned Single Judge noted that there was an agreement between the parties and Clause 22 of the said agreement provides for arbitration. Accordingly, the parties were relegated to arbitration.
5. On appeal, this court passed an order on 26.04.2013 admitting the same and directing the respondents not to communicate blacklisting of the appellant until further orders.
6. Order of the Learned Single Judge was passed on 14.03.2013. In view of the long lapse of time, in all probability, the arbitration might have concluded, though we are not aware of the outcome of the arbitration proceedings. That being the position, we are not inclined to proceed further with the appeal though we confirm the interim order passed by this Court on 26.04.2013.
7. However, if the appellant is of the view that the matter still survives for adjudication, it would be at liberty to seek revival of the appeal.
::3::
8. Writ Appeal is accordingly disposed of. No costs.
As a sequel, miscellaneous petitions, pending if any, stand dismissed.
__________________ UJJAL BHUYAN, CJ _______________________ C.V.BHASKAR REDDY, J Date: 21.09.2022 LUR/PKR