Food Corporation Of India vs State Of Rajasthan
2021 Latest Caselaw 15603 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 13892/2021

1. Food Corporation Of India, Through The General Manager, 4 Nehru Place Tonk Road, Jaipur, Rajasthan.

2. The Divisional Manager, Food Corporation Of India, Udaipur.

----Petitioners Versus

1. State Of Rajasthan, Through The Secretary/commissioner, Department Of Industries, Government Of Rajasthan, Udhyog Bhawan, Tilak Marg, Jaipur.

2. The Micro And Small Enterprises Facilitation Council Udaipur, Through The Director District Industries Center Madri Industrial Area Pratapnagar, Udaipur.

3. M/s Bohra Agrifilms Private Limited, Head Office 331-332, B Block Anand Plaza, University Road, Udaipur.

----Respondents

For Petitioner(s) : Mr. Nitin Trivedi

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

06/10/2021

Learned counsel for the petitioners has submitted that the

Arbitrator vide award dated 9.2.2003 has already decided the

controversy regarding payment of interest on the delayed

payment. It is further submitted that the application filed by the

respondent No.3 claiming interest at a higher rate has also been

dismissed by the Arbitrator vide order dated 2.05.2003. It is

submitted that the award passed by the Arbitrator came to be

confirmed upto the High Court and the same has not been

challenged by the respondent No.3. It is further submitted that

(2 of 2) [CW-13892/2021]

the petitioners have already paid the amount to the respondent

No.3 along with the interest as per the award, however, after

completion of all the proceedings, the respondent No.3 had

approached the respondent No.2 - Micro and Small Enterprise

Facilitation Council, Udaipur with a prayer to direct the petitioners

to pay interest on the delayed payment.

It is argued by learned counsel for the petitioners that the

respondent No.2 - Micro and Small Enterprise Facilitation Council,

Udaipur while ignoring the award passed by the Arbitrator so also

the subsequent judgment passed by the upper court has passed

the impugned order and directed the petitioners to pay interest on

the so called delayed payment. It is also submitted that the

respondent No.2 has illegally passed the award dated 31.8.2021.

Issue notice. Issue notice of stay application also, returnable

on 16.11.2021.

In the meantime, no coercive action shall be taken against

the petitioners pursuant to the award dated 31.8.2021

(Annex.12).

(VIJAY BISHNOI),J

73-pratibha/-

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