ABHIJIT PAUL Vs. FOOD CORPORATION OF INDIA
LAWS(TRIP)-2021-1-12
HIGH COURT TRIPURA
Decided on January 04,2021

Abhijit Paul Appellant
VERSUS
FOOD CORPORATION OF INDIA Respondents

JUDGEMENT

Akil Kureshi, J. - (1.) This appeal is filed by the original petitioner to challenge the judgment of the learned Single Judge dated 25.11.2019 passed in WP(C) No.719 of 2019.
(2.) The Food Corporation of India had awarded a contract to the petitioner for transportation of food grains from railway wagons to the godowns of the corporation. In the process of execution of this contract disputes arose between the parties. According to the Food Corporation of India on account of default and defects on part of the contractor the movement of goods was not satisfactory as per the terms of the contract. Invoking the clauses (x) and (xii) of the contract the corporation recovered certain amounts on the running bills of the contractor. This action the contractor had challenged in the writ petition. The learned Single Judge noticed that the agreement contained a dispute resolution mechanism under which in case of a dispute arising, the same would be referred to dispute/ grievance redressal committee constituted for such purpose. If after the decision of the committee disputes remain, the same would have to be determined by a civil Court. The learned Single Judge, therefore, while refusing to entertain the writ petition, required the parties to follow such dispute resolution mechanism and thereafter their civil remedies.
(3.) Having heard learned counsel for the parties, we do not find that the learned Single Judge has committed any error. Intrinsically the disputes arise out of contractual relations and had a strong element of disputed questions of facts. Whether the contractor had committed any breach or default so as to enable the Food Corporation of India to recover any amount by way of damages from the contractor would be essentially a question of fact. In a writ petition such disputed questions would ordinarily not be gone into.;


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