M/S Kharkiya Pulses, Maharastra vs Chief Secretary, Food Civil ...
2022 Latest Caselaw 4812 Tel

         THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
                                        AND
           THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
                               W.A.NO.545 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.3593 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 may 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